Annual IP litigation trends in China indicate brand owners are increasingly opting to enforce their trade mark rights through China’s court system. Between 2014 and 2015 there was a 13.4% increase in civil trade mark infringement lawsuits.
Brand owners that suspect their IP rights are being infringed generally have three possible routes for pursuing their complaint in China: civil litigation, criminal litigation and administrative enforcement.
The figures show a growth in trade mark infringement cases involving foreign parties but seem remarkably small in number for a jurisdiction as significant as China. While the number of civil and criminal trade mark cases are rising, it appears administrative litigation remains the primary avenue of enforcement for foreign rights holders.