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ARTICLE · 04 APRIL 2017

Q&A Re: Trademark Enforcement And Defense

First of all, it is especially important to retain a professional agency to conduct pre-trial evidence collection.

ChinaIntellectual Property

What should be noted when collecting evidence for trademark enforcement?

First of all, it is especially important to retain a professional agency to conduct pre-trial evidence collection. It is advisable to choose people with legal knowledge to conduct investigation and evidence collection, or at least to demand that the investigators act in accordance with instructions from lawyers, so as to ensure the legitimacy of the process and lawful methods of evidence collection. After the completion of evidence collection but before initiating the litigation proceedings, the objective authenticity of the evidence to be submitted should be determined through examination.

Secondly, the rights owners should exercise their rights promptly. In litigation cases, since the courts determine case facts based on admitted evidence, and since objective facts will gradually become diluted over time, the risk of loss of the relevant evidence will also increase correspondingly.

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