ENQ CONSULTANTS LTD.
IP Enforcement in PRC
General Information

We have teams of investigators based in Guangdong, Fujian and Zhejiang Provinces and in major cities such as Guangzhou, Beijing, Shanghai, etc. and associates in remote areas. From these strategic locations, we cover the whole of the PRC.

We maintain an excellent relationship with PRC enforcement authorities including the Public Security Bureau ("PSB") and the Administration for Market Regulation ("AMR").

As a result of our professionalism and successful operations, the enforcement authorities in Guangzhou regarded us as an approved investigation company in Guangzhou. This recognition benefits clients as cases are accepted in a shorter time frame and are processed more efficiently.

Our Guangzhou company, Guangdong Zhi Wei Intellectual Property Consultants Ltd. (廣東智衛知識產權顧問有限公司) is a reliable and trustworthy company for carrying out all sorts of investigations and raid actions in PRC.

We have a partner in Taiwan with similar capabilities to carry out operations.

To ensure that the most appropriate action is taken in each case, we maintain our own database. From the database, not only are we able to ascertain whether or not an infringer is a recidivist, we are also able to confirm whether or not the same premises has been used for infringing activities in the past.

Enforcement Procedures
We strictly observe the following procedures for each case:-

i. Investigations
ii. Sighting Report to Client
iii. Obtain Client’s Instructions
iv. Raid by AMR or PSB
v. Post-Raid Administration

All of our Sighting Reports contain detailed information on infringements. We trust our clients will not release intelligence reported by us to other service providers. As far as possible, we endeavor to provide full information on the identity and location of the infringer. However, it should be noted that the many infringers operate without a trading name and in secluded premises with no precise address.We do not carry out any raids unless we have our client’s prior approval. However, it should be noted that the Chinese enforcement authorities do carry out raids on their own when they see obvious counterfeits. In these cases, the authorities do report the raids to us so that we can contact the rights owner in question.

Fees
Raids

Our fees are generally inclusive of stages (i) to (iv) above excluding disbursements. Fees are negotiated and mutually agreed.

There will be no additional charge for post-raid administration if the matter is only handled by the AMR. We will work with the AMR until the conclusion of the administrative action and report its outcome to you. However, where criminal liability standards are met and the case is suitable for prosecution by the PSB, we will charge an additional fee that is mutually agreed.

Administrative Cases

As mentioned above, the AMR does seize obvious counterfeits from time to time. We will report these to clients and seek instructions to carry out post-raid administration. If we are so instructed, we will charge a standard fee inclusive of disbursements. This will include the provision of a raid report and liaising with the authorities until an administrative sanction is issued.

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