A parcel containing a suspicious product is useful only if the enforcement team can explain where it came from and what happened to it. Overseas brand owners often receive a sample from a distributor with little more than a shop screenshot. A planned test purchase can connect the online offer, payment, delivery and physical item, while keeping the collection process open to scrutiny.
The objective is to document an existing transaction and the relevant conduct. It is not to persuade a seller to create an infringement that would occur only because of the rights holder's evidence-gathering activity. Define that boundary before giving instructions to an investigator or local colleague.
Understand what the evidence rule permits
Article 7 of the Supreme People's Court's Provisions on Evidence in Intellectual Property Civil Litigation, Fa Shi [2020] No. 12, permits physical items, invoices and similar material obtained when a rights holder, personally or through another person, buys suspected infringing goods in the name of an ordinary purchaser to be used as evidence in an infringement action.
The same article addresses evidence of infringement prompted by another person's conduct, with an exception where the alleged infringer acts only because of the rights holder's evidence collection. Do not turn that exception into a casual checklist for inducing a bespoke transaction. Requests to add a mark, reproduce supplied artwork or change an originally unbranded product require legal review before the purchase proceeds.
Being capable of use as evidence does not make a purchase conclusive. The identity of the seller, the connection between the offer and the item, and the underlying infringement allegation still need proof. A test purchase is one part of that record.
Write a short collection brief
Identify the right under investigation, the offer to be checked and the facts the purchase should help establish. Record the shop and listing identifiers, URL, product variation and date. A listing selling several designs or sizes needs a clear record of the version ordered. Save relevant representations about the mark or authenticity in their full context.
Give the collector instructions to preserve routine communications and report unexpected changes. If the seller offers a substitute or moves the transaction to another account, keep that exchange and decide whether the revised purchase still answers the original question. Do not silently present the substituted item as the one first advertised.
Connect the order to the physical item
Retain the order confirmation and payment record with their identifiers. Preserve the delivery information and any invoice or receipt. Where different business names appear, record the distinction and investigate it; the payee, marketplace shop operator and sender are not necessarily the same person.
- Before delivery: save the selected product, order number, seller communications and shipment information.
- At receipt: record the parcel condition, shipping label and identifying details before separating the contents from the packaging.
- During opening: use a clear record that lets a reviewer connect the parcel to the item and any documents inside it.
- After opening: assign a sample identifier and store the goods, packaging and related records together or with a reliable cross-reference.
These are practical safeguards, not a statutory requirement to film every purchase. The appropriate method depends on the dispute and available evidence. If a product needs testing or dismantling, plan how its original state will be documented and whether a further sample is needed. Keep an honest account of any damage, missing packaging or interruption in the recording.
Preserve originals and explain handling
Keep original digital files and available exports, together with the devices or accounts needed to explain their origin where appropriate. Use working copies for annotation. If screenshots are cropped for a report, retain the full versions and explain the crop. An edited presentation should not be passed off as the original record.
Maintain a simple handling log stating who received, opened, stored or transferred each sample and when. Restrict unnecessary handling so later comparisons remain meaningful. If the goods have been placed under court evidence preservation, Article 14 of the IP evidence provisions specifically addresses unauthorised dismantling, alteration or other damage that makes preserved evidence unusable. Obtain direction before changing a court-preserved item.
Choose additional verification for the actual weak point
Notarisation may assist an appropriate collection plan, but a notarial document is not immune from challenge. Article 30 of the same provisions addresses contrary evidence sufficient to overturn it and the court's review of justified objections, including possible explanation or correction by the notarial office. Identify what the record actually proves rather than using the word notarised as a substitute for analysis.
If the weak point is the seller's identity, another picture of the product may not solve it. If it is the link between the order and delivered item, preserve the transaction and opening sequence. If a technical feature matters, consider suitable testing without destroying the only sample. Match the additional work to the fact that remains uncertain.
Before commissioning a test purchase, contact Pan Jianxing with a non-confidential outline of the right, listing and evidence objective. A focused brief helps the resulting material support a specific allegation without overstating what one transaction can establish.
Official sources & legal review
Legal position checked 2026-10-07. Official Chinese texts govern; the English analysis is a summary.
General information about mainland China. The applicable law, rights, evidence and procedure require review for a specific matter.
Pan Jianxing
China-qualified lawyer · Partner, 北京市长安律师事务所
Beijing & Shenzhen
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