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.
Export Declaration Customs Seizure Records
Meaning
Customs documentation set describes the official evidence generated when officers detain goods suspected of infringing intellectual property rights during the export process. Export declaration customs seizure records document the volume and intended destination of the intercepted shipment. These files contain specific details regarding the consignor and the legal basis for the detention.
Protection Standard
General Administration of Customs maintains a database where rights holders record their trademarks or patents to trigger active border monitoring. When a shipment matches these recorded entries, the officers issue a notice of detention to the exporter and the rights holder. Owners of the rights are allowed to verify the authenticity of the goods before they leave the country.
Officer Examination
Officers examine the physical items against the specifications provided in the recordation system. They compare packaging and logos to identify discrepancies that suggest counterfeit origin. The exporter has the right to provide counter-evidence to prove the legitimacy of the cargo within a specific timeframe.
Evidence Utility
Civil litigation often relies on these administrative files to prove the scale of infringement and the identity of the liable parties. Because the records are produced by a government authority, they carry high evidentiary weight in a People’s Court. The information found in these documents helps calculate damages based on the quantity of seized goods and their declared value.
Plaintiffs use these findings to establish a pattern of illegal activity that justifies higher compensation awards or criminal referrals.