What is the IP Infringement Cease and Desist Letter?
When someone in a foreign country uses a similar or identical trademark to yours or produces your patented product without authorization, you should send that party an IP Infringement Cease and Desist letter.
An IP Infringement Cease and Desist letter is usually prepared and sent by a lawyer licensed in that country. It notifies the party that they are infringing on your IP right and requires them to stop immediately. It advises the other party that additional formal actions such as litigation or formal complaint filed with the local government will be the next step if they do not take the situation seriously.
A well-crafted IP Infringement Cease and Desist letter sent by a lawyer can be a powerful tool to persuade the other party to correct their mistake by:
Stop using your trademark or making the infringing product
Recalling the infringing products or marketing material that bear your trademark
Withdrawing from any act or applications to register a similar trademark
Stop disclosing your IP-related information to others
For this service, a vetted, experienced, English-speaking lawyer in China will prepare both English and Chinese versions of the IP Infringement Cease and Desist letter for you, ensuring that the letter is forceful, persuasive and can be used as evidence in your favour in court if necessary. The lawyer will also call the infringing party on your behalf, at no additional fee, to make sure that the other party receives the warning and takes it seriously.
The English and Chinese versions of the IP Infringement Cease and Desist letter will be delivered to your Trustiics dashboard in 5 business days once the lawyer receives all necessary information.
Value and Benefits
High-quality and reliable: your agreement will be drafted by a lawyer with solid experience advising international clients in IP protection in China
Fast and efficient: service provided by a vetted, experienced legal professional within five business days and sent directly to your dashboard
Convenient: you don’t need to find an English-speaking lawyer in China by yourself or worry about making an international wiring payment
Secure: all the data and information are transported on the secured Cloud operated by Amazon Web Service
Private and direct: one-on-one communication and messaging available with the lawyer through your personal dashboard
Transparent and affordable: The price for such a service provided by top-tier lawyers in China is unbeatable. There is no hidden or subscription fee. You don’t pay until the lawyer delivers the service
Typical Use Scenarios
You should have a qualified lawyer in China prepare and send a tailor-made formal legal IP Infringement Cease and Desist letter when:
A party in China uses your trademark or produces products with your patented technology or process; or
A Chinese distributor, agent or OEM discloses your IP-related confidential information or uses such information without your consent; or
A party in China attempts to register a trademark identical or very similar to yours; or
A party in China infringes on your other IPRs, such as copyrights or trade secrets
One of the following lawyers will provide the service after the request is placed.
Mr. Zheng is specialized in intellectual property law with over 18 years’ experience. He has extensive experience in advising international businesses protecting their IPRs in China, including guiding clients in all administrative and judicial processes as well as through prosecutions and enforcement.
Frequently Asked Questions
What is the purpose of an IP Infringement Cease and Desist letter?
It is a formal demand requesting the infringing party to stop their wrongdoings. This is usually the least expensive way to stop an IP infringement, especially in a foreign country. Delivering a written warning with the support of a locally licensed lawyer saves you the cost and time of bringing formal legal actions against the other party.
What information is required before sending an IP Infringement Cease and Desist letter?
You need to provide information about your IPRs that are being infringed and the infringing party to the lawyer. We also strongly recommend that you collect evidence of the other party’s infringement before sending the letter.
Why do I need a lawyer to draft the demand instead of using a trademark, patent or copyright infringement cease and desist letter template from the internet?
A general template letter does not take into consideration Chinese IP law and IP protection regime. A well-drafted IP Infringement Cease and Desist letter should be based on the local law to be forceful and compelling. It must be tailored to your specific situation, considering the past dealings between the parties and your business goal. Having an experienced local lawyer draft and send out the IP Infringement Cease and Desist letter on your behalf puts more pressure on the other party to take action to stop infringement. Lawyers are also skilled at customizing the demands based on your circumstances, anticipating the possible reactions from the other party.
How serious and effective is an IP Infringement Cease and Desist letter?
The most important thing is to let the other party know that you are serious. An email or letter from a foreign company does not deliver a clear message that formal legal action is being considered. However, when an experienced lawyer with substantial experience enforcing IPRs in that market sends out a formal letter and calls the party, they immediately know that formal legal action is being taken against them.
For example, in the experience of Mr. Hong Zheng, our vetted lawyer who provides this service, 80% of the time the infringing party stops their wrongdoing.
What else can I do if the IP Infringement Cease and Desist letter does not stop the other party from infringing my IPRs?
It is possible that the other party simply ignores the demand or changes to a less obvious way of infringement. The lawyer who assists you with this service is able to provide further legal advice, from providing further analysis to filing a lawsuit against the infringing party.