How to Send a Cease & Desist Letter for IP Infringement in China

Table of Contents

Overview

A Cease & Desist (C&D) letter is a formal notice sent to an individual or business infringing upon your intellectual property (IP) rights. It’s a cost-effective and time-efficient method to enforce your rights, often prompting the infringing party to cease their activities upon receipt.

However, risks include insufficient evidence collection prior to sending the letter and the possibility that the infringer may continue their activities covertly.

Steps to Send a Cease & Desist Letter

1. Identify Your IP Rights and the Infringing Party:

Evidence Collection: Gather clear evidence of infringement, ensuring the evidence is legislative and can prove who is using your IP.
Infringer Identification: Accurately identify the infringing party, including their name, address, and details of the infringing product or service.

2. Prepare the Letter:

Detailed Description: Clearly describe the infringement, specifying which IP rights are violated.
Demand Action: Explicitly demand the cessation of infringing activities and, if applicable, the destruction of infringing goods.
Legal Warning: Inform the infringer of potential legal actions if they fail to comply within a specified timeframe.

3. Translate and Send the Letter:

Translation: Translate the letter into Chinese to ensure comprehension and demonstrate seriousness.
Delivery Method: Send the letter via certified mail or courier (we recommend the mail company EMS) with a return receipt or delivery history to confirm delivery.

4. Monitor the Response:

Compliance Check: Verify whether the infringing activities have ceased.
Further Action: If the infringer does not respond or continues their activities, consider escalating to legal proceedings, such as filing a lawsuit or seeking administrative remedies.

Required Documents and Information

Proof of IP Ownership: Copies of IP registration certificates.
Infringer Details: Information about the infringing party, including name, address, product details, and URLs if applicable.

Considerations

Evidence Preservation: Before sending the C&D letter, ensure all evidence of infringement is documented to prevent tampering or destruction.
Professional Assistance: Consult with legal professionals experienced in Chinese IP law to enhance the letter’s effectiveness, which will benefit the seeking of punitive damages due to the defendant’s malicious infringement before a court.

By following these steps and considerations, you can effectively address IP infringement in China through a well-crafted Cease & Desist letter. If you need our assistance, feel free to contact us.