China

Please contact our Chinese-office for more information about our services in China:

React China / Asia Pacific
T +86 20 83839271
F +86 20 83839463
Contact: Mr. Max Kamperman
china@react.org
internet@react.org.cn


For the majority of React members China is the most important country in terms of their anti-counterfeiting strategy. For this reason we established our main office for Asia in Guangzhou, China. We focus on online and Customs enforcement.  Our team in the Guangzhou office consists of online monitoring specialists and investigators, supported by an external partner. The reliability, knowledge and understanding of Chinese specific enforcement issues is the most important priority for this strategically important branch of React.

Our services in China

  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Follow up Customs seizures with civil suit for damages
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)

Country Procedures

  • Customs application valid for 10 years or until expiry of IP right
  • Customs acts ex officio
  • Deadline for response to Customs notification of detention: 3 business days on receipt of notification
  • No timeframe for importer to respond to seizure; may respond any time during the post-detention customs investigation period (which must not exceed 30 days)
  • Local authorities/ agencies tasked with taking enforcement action against infringers: AIC, MSA, PSB
  • Remedies available under criminal law: fine and/or imprisonment
  • Criminal prosecution: proof of knowledge of counterfeiting is required
  • Ex parte orders available: search and seizure, evidence preservation, property preservation
  • Interim injunctions available before filing lawsuit
  • Damages and costs available, including actual damages, infringer’s profits, licence fees or statutory damages if actual damages are difficult to prove, plus costs
  • POA’s need to be translated, legalized and notarized