What should be done if products purchased from China infringe on third-party intellectual property rights?

If products purchased from China infringe upon a third party's intellectual property rights, you should take the following steps to address the situation:

1. Cease Use of Infringing Products

Immediately stop using, selling, or distributing the allegedly infringing products to avoid further infringement.

2. Gather Evidence

Collect evidence that proves the product's infringement on the third party's intellectual property rights. This may include pictures of the infringing product, descriptions, labels, transaction records, and other relevant documentation.

3. Contact the Supplier

 Get in touch with the Chinese supplier and explain the infringement issue, demanding them to cease manufacturing and selling the infringing products. Request their cooperation in resolving the problem, and consider entering into a written agreement to ensure their compliance.

4. Attempt Settlement or Negotiation

Try to reach a settlement or negotiate with the involved supplier to seek an amicable resolution to the infringement issue. This may involve product substitution, compensation, or other mutually agreed-upon solutions.

5. Seek Legal Advice

 Consult with an intellectual property attorney to understand your rights and legal options. The attorney can provide relevant legal advice and assist in handling intellectual property disputes.

6. Report to Relevant Authorities

If necessary, report the infringement to the intellectual property office or trade regulatory authorities in your country or region. This action can help protect your rights and bring attention to the matter by local authorities.

7. Consider Legal Action

If the infringement issue cannot be resolved satisfactorily, you may need to consider taking legal action or pursuing arbitration to seek legal remedies and protect your rights.

8. Review Supply Chain Management

Review your supply chain management practices to ensure that future purchases comply with intellectual property laws and regulations.

Please note that dealing with intellectual property infringement requires careful handling, and it is essential to maintain communication with the involved parties and seek amicable resolutions whenever possible. Additionally, take prompt action to protect your interests and mitigate potential legal risks. For intellectual property disputes, it is advisable to seek professional legal advice to ensure that your legitimate rights are fully protected.

Please note that this text should not be considered as legal advice or opinions on specific cases. It only represents the court's judgment rules observed by the author's team when dealing with similar cases. If you encounter legal issues, you may contact Lawyer Xu Baotong for more targeted advice and solutions.

Xu  Baotong

Elaw&JinKun Lawfirm |CEO

Arbitrator of China

Member of the Chartered Institute

Member of The Association of Credit and Collection Professionals 

Arbitrator of Thailand International Arbitration Center 

Mediator of Asian Alternative Dispute Resolution Centre

Menmber of the International Bar Association

Email:xbtlawyer@outlook.com

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