Sub Assembly Mapping Strategies under PRC Patent Law
Mapping sub-assemblies against PRC patent claims separates component scope from combined assembly limitations to manage indirect liability and customs hold risks.
Article 62
Meaning
Administrative investigation powers granted to the administration for market regulation under Chinese trademark law enable the seizure of goods and inspection of financial records during infringement audits. Under the authority of article 62 of the trademark law, local enforcement officers can enter production facilities to investigate suspected counterfeit operations. This administrative tool provides a rapid alternative to civil litigation for brand owners seeking to stop ongoing violations.
It establishes a direct channel for administrative intervention before court proceedings commence.
Administrative Scope
The enforcement actions authorized under this statutory rule cover several specific investigative measures. Officers can examine business contracts and copy shipping documents. They also hold the authority to seal or seize the goods that allegedly infringe trademarks.
This provides immediate relief.
Operational Protocol
Factory compliance depends on understanding the limits of these administrative powers. While officers do not require a court order to execute an inspection under article 62, they must present official identification and a written enforcement decision from the local administration. Plant managers should cooperate with the officers while ensuring that trade secrets unrelated to the investigation are protected.
Documenting the entire procedure through internal records provides an essential defense if the findings are later challenged in court.
Enforcement Consequence
Seized materials and administrative findings often form the foundation for subsequent civil litigation or criminal prosecution. If the administration for market regulation confirms a violation, it can impose fines based on illegal turnover. It can also transfer the case to public security bureaus if the value exceeds criminal thresholds.
This makes the initial administrative inspection a critical moment for any manufacturing business.