China IP EnforcementPAN JIANXING · CHINA COUNSEL
Strategy / Enforcement

Civil, administrative
or criminal?

Choose the route around the objective and evidence. A more forceful-sounding procedure is not necessarily the right starting point.

Three routes, different decisions

A starting comparison; availability depends on the particular matter.
RouteWhat it may addressKey boundary
CivilStopping infringement and seeking compensation; preservation where legally justified.The claimant must establish the claim and evidence. A judgment is separate from actual recovery.
AdministrativeAction by the competent authority against qualifying infringement.A fine is not damages payable to the owner. Copyright enforcement also requires public-interest harm.
CriminalInvestigation and prosecution of conduct that may constitute an IP offence.Offence elements and applicable thresholds matter. Submission does not guarantee a case will be opened.

Platform and border measures have narrower tasks

A platform notice seeks action under the relevant legal and platform framework. It is not a court judgment. Customs protection concerns relevant import or export goods and requires a separate assessment of the protected right, information, procedure and any security required.

Coordinate the evidence

Before selecting or combining routes, identify who holds the right, who committed which act, where it occurred and what evidence supports it. Consider the risk of losing evidence, urgent events, commercial priorities and proportionate cost.

Make the next stage concrete

A scoped first stage can identify rights issues, evidence gaps, possible defendants or recipients of a complaint, and the proposed work and budget. It should distinguish a filing deliverable from a decision by a platform, authority or court.

This comparison concerns mainland China. Hong Kong and Macao have separate legal systems and procedures.

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Legal basis & review date

Checked 20 September 2026. Official Chinese texts govern; the English explanations on this site are summaries.

General information about mainland China. Application depends on the rights, conduct, evidence and procedure in the particular matter.

Have a specific China matter?

Start with the right, the facts and your objective.

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