Options for Enforcement of Intellectual Property Rights in China

Starbucks, after an almost two year legal battle in the Shanghai No. 2 Intermediate People’s Court, was granted 500,000 RMB for the infringement of its trademark by a Chinese company. The process was not swift and the Chinese company has appealed the ruling. The decision is a victory for foreign intellectual property in China, but it begs the question as to how to get the best and fastest result when infringement occurs. Many foreign companies, when they encounter infringing activity in China, are uncertain as to how to proceed. This article addresses only the "in China" options and does not discuss the other remedies companies can pursue extraterritorially. Those remedies may be more appropriate when the infringing product has already entered the international market.