The rights holder’s side of the matter
This service concerns the owner or authorised rights holder affected by suspected counterfeiting or piracy. The initial task is to assess whether the available facts may meet the elements of a relevant offence and identify what still needs to be proved.
The 2025 joint interpretation of the Supreme People’s Court and Supreme People’s Procuratorate addresses trademark and copyright offences, including the meaning of relevant acts and offence-specific thresholds. There is no single monetary threshold that turns every infringement into a crime.
Work that can be scoped
- Map the alleged conduct to the relevant criminal elements.
- Organise proof of rights, authority, unauthorised acts and links to the suspected business or individuals.
- Review available sales, quantities, value, proceeds and other evidence relevant to the particular offence.
- Prepare a factual complaint and supporting evidence index for the competent authority.
- Assist with requests for supplementary materials and follow-up on procedural decisions within an agreed engagement.
A complaint is the beginning of a procedure
- Submission and receipt: provide the supported facts and materials.
- Review and filing decision: the competent authority assesses whether the legal conditions for opening a criminal investigation are met.
- Further proceedings: investigation, prosecution and adjudication involve distinct decisions and standards.
A receipt for a complaint is not a criminal filing decision. Filing is not a conviction. Neither a criminal complaint nor a conviction guarantees that commercial losses will be recovered.
Where other routes may still matter
Evidence preservation, civil remedies and administrative enforcement need a coordinated assessment. A criminal complaint should not be used as an unsupported threat to obtain a commercial settlement.
Where a decision not to open a case is issued, review of that decision or procuratorial supervision may be relevant under the applicable procedure. The route depends on the actual decision and the complainant’s position.
Compare the civil, administrative and criminal routes →
Legal basis & review date
Checked 20 September 2026. Official Chinese texts govern; the English explanations on this site are summaries.
- SPC / SPP Interpretation on Criminal IP Cases, Fa Shi [2025] No. 5
- Criminal Procedure Law of the PRC (2018 amendment), Articles 110–113
General information about mainland China. Application depends on the rights, conduct, evidence and procedure in the particular matter.