Trademark law

Remedy approaches for intellectual property

Under the law, three approaches could be served as intellectual property protection: (1) Civil protection. When suffered unlawful infringement, a right holder may bring a suit before a judicial authority, and ask for ceasing of the infringement or compensation for loss. (2) Administrative protection. An intellectual property right holder may also ask the administrative authority for protection against infringement. Administrative authority for intellectual property protection mainly includes the General Administration of Press, Publication, Radio, Film and Television, the State Intellectual Property Office, the State Administration for Industry and Commerce Trademark Office, the General Customs Administration and other local authorities. Those above authorities, receiving infringement notice, are obliged to investigate into the illegal acts and impose fine or administrative detention to the infringers. (3) Criminal protection. Criminal protection refers to protection for an intellectual property right holder by judicial authorities giving criminal sanctions to infringers. The Criminal Law of People Republic of China provides that if the amount involved is huge or other especially serious circumstances exist, criminal liability could be imposed to the infringers. The seriousness of criminal penalty could be deterrent to intellectual property crimes.