What is the administrative penalty for trademark infringement
and anti-unfair competition violations in China?
When an IP infringement has yet to constitute a criminal case ,
it is undoubtedly economical and efficient for the right holder to
seek administrative protection from the market supervision
departments. The departments determine whether infringement fulfils
the criteria under the Standards for Trade Mark
Examination and Trial and Criteria for Determining Trade Mark
Infringement.
To understand the effectiveness of these penalties, it is
important to realise how these administrative penalties may be
imposed by the market supervision departments as stated in the
Article 57 of the Trade Mark Law and Article 6
of the Anti-Unfair Competition Law. This article aims
to highlight the overarching rationale behind these administrative
penalties, so that right holders may use this as a reference
point.
