5 Common Mistakes to Avoid When Drafting Cease and Desist Letters for China IP Protection

Protecting intellectual property (IP) rights in China requires a proactive approach. One of the primary legal actions companies or individuals take when they discover an IP rights violation in China is issuing a cease-and-desist (C&D) letter. This letter is a formal notification demanding the infringer to halt the unauthorized use of the IP and often to undertake corrective actions. However, drafting an effective C&D letter for China IP protection can be challenging, and there are common mistakes that one should avoid. Here are five of them:

 

1. Using a Generic Template

A generic C&D letter, especially one based on Western standards, may not be effective in China. Considering local legal nuances, business customs, and language is essential. The recipient will take a letter tailored to the Chinese context more seriously.

 

2. Neglecting Language Barriers

To ensure the infringer fully grasps the seriousness of the situation, the letter should be written in their native language, Chinese. This eliminates any claims of misunderstanding or misinterpretation.

 

3. Overlooking Relevant Chinese Laws

A C&D letter that cites relevant Chinese laws and regulations carries more weight. It demonstrates that the IP holder is familiar with the local legal landscape and is ready to escalate the issue if necessary.

 

4. Being Vague About the Infringement

The letter should provide clear evidence of the infringement, such as photographs, screenshots, product samples, or other demonstrative evidence. A vague or unsupported claim can weaken the letter’s impact.

 

5. Not Specifying Clear Demands and Deadlines

The letter should clearly outline the actions expected from the infringer, ranging from halting the production and sale of infringing goods to recalling products or even paying damages. Additionally, setting a clear deadline for compliance instills a sense of urgency.

 

Conclusion

While a cease-and-desist letter is a vital initial step in IP protection in China, its effectiveness largely hinges on its adaptation to the local context. Considering the unique cultural and legal nuances, a letter tailored to the Chinese environment will be more impactful and set the stage for any subsequent legal actions if needed.

Read also: How To Use Cease-and-Desist Letters For China IP Protection 

 

Contact us if you need legal help in China, like drafting effective cease and desist letters, drafting contracts that follow Chinese law and are enforceable in China, background investigation of Chinese companies, protecting patents, trademarks, copyright, and verification of contracts to the law in China, help with trade and IP disputes in China, etc.

If you require our assistance or have further questions about our services, please do not hesitate to contact our Customer Relationship Manager, Jan Erik Christensen, at janerik@ncbhub.com. We look forward to hearing from you and helping your business succeed in China.

Contact us if you need help with drafting of contracts that follows Chinese laws and are enforceable in China, background investigation of Chinese companiesprotecting patents, trademarks, verification of contracts to the law in China, or help with other legal challenges that you have in China.

If you require our assistance or have further questions about our services, please do not hesitate to contact our Customer Relationship Managers Jan Erik Christensen, at janerik@ncbhub.com  or Milla Chen, at huimin.chen@ncbhub.com. We look forward to hearing from you and helping your business succeed in China.