Remarkably, on the first day of the campaign, the AIC officials detained 31,587 counterfeit goods with a value of RMB10,060,000 (about US$1.67 million). The campaign indicates that the AIC raid action, as one of the main legal actions against trade mark infringement under China the Trademark Law, can more efficiently bring an end to trade mark infringement.
In January 2018, more than 100 officials from Beijing AIC and its sub-AICs took part in the campaign. Working simultaneously, these AIC officials inspected stores, shops and warehouses in Beijing to uncover any trade mark infringement.
On the first day of the campaign, the AIC officials inspected the sellers of ASICS running shoes in different districts of Beijing. 60 retail sellers, who sold counterfeit ASICS shoes, were found. It is noteworthy that on the same day, the AIC officials took raid actions against counterfeits on the spot, requested these retail sellers to remove the counterfeits from the shelves, and detained the counterfeits.
According to the prevailing Trademark Law, the trade mark owner may seek both a civil remedy and an administrative remedy against trade mark infringement. The AIC raid action, i.e. the administrative remedy, relying on governmental authority, can bring a stop to infringement in a timely manner. The mentioned AIC actions against counterfeit ASICS running shoes, detaining counterfeits from a total of 60 retail sellers in one day, show how efficiently the AIC performs.
After the raid action, the AIC will make a decision, confirming the infringement and imposing a fine upon the infringer. The decision is helpful to be drawn on as evidence in following civil litigation, not only to prove the trade mark infringement, but also to support the claims on monetary damages because in an AIC decision, the quantity of detained counterfeits and the value thereof would be clearly stated.
This article was written by Teresa Yuan Tian, Lee and Li - Leaven IPR Agency Ltd., Beijing, China and submitted by Julia Zhong, Chair of the MARQUES China Team