What are IP owners entitled to do in law and what should they
focus on in practice in post-raid proceedings?
Summary
Post-raid prosecution proceedings are sometimes ignored by IP
owners. Some IP owners presume that once a criminal raid has been
successfully conducted, they can leave it in the hands of
enforcement authorities and expect a good outcome of criminal
judgement. Unfortunately, this is not always the case. The result
may be far from satisfactory in the end without a close follow-up
of post-raid proceedings, even though the criminal raid appears to
be successful. It has been increasingly realised by many that
participation in post-raid proceedings is an important component of
enforcement strategy in China. Questions remain, however: What are
IP owners entitled to do in law and what should they focus on in
practice in post-raid proceedings? Should they engage external
lawyers to maximise the benefits of proceedings? This article will
consider those
