Calculating Base Damages and Multipliers in Chinese Trademark Infringement
Base damages under PRC Trademark Law Article 63 follow strict evidentiary priority, with multipliers up to five times applied for willful infringement.
Execution Bureau Enforcement
Meaning
Administrative judicial enforcement in China operates through a dedicated division within the civil court system responsible for compelling compliance with effective court judgments. Initiating execution bureau enforcement requires a judgment creditor to submit an application following the expiration of a voluntary compliance period under the PRC Civil Procedure Law. The execution bureau wields authority over bank accounts, real estate, factory machinery, and corporate equity across domestic jurisdictions.
Operational authority terminates once the full judgment debt is satisfied or when an insolvency court accepts a bankruptcy reorganization petition.
Asset Seizure
Court marshals employ the online national court enforcement network to query domestic financial institutions and register instant freezes on corporate bank accounts. Investigating officers physically inspect factory premises to lock assembly machinery and logistics vehicles. When a foreign creditor holds a favorable ruling against a local manufacturer, execution bureau enforcement prevents the debtor from transferring liquid capital to related corporate entities.
Machinery subject to an execution order is listed on judicial auction platforms to generate liquid settlement funds.
Judicial Blacklisting
Debtors refusing to comply with monetary awards are placed on the national list of dishonest judgment debtors maintained by the Supreme People’s Court. Entry on this public register restricts corporate legal representatives from purchasing high-speed rail tickets or securing commercial loans. For factory executives, these personal restrictions create immediate personal leverage that forces commercial settlement.
Foreign rights holders use this blacklisting mechanism to force non-compliant factory owners back to negotiation tables.
Administrative Cooperation
Public security agencies and market regulation departments coordinate with court enforcement officers to trace concealed assets across provincial borders. Joint enforcement teams prevent corporate officers subject to execution orders from exiting the country via international transport hubs.