Friday, 21 November 2014

[Jian Xu] The value of trap purchase before sending out warning letters to infringers

What is the value of conducting a trap purchase before sending an attorney letter to infringers? Although it is not compulsory to do so, we usually advise our client that this is very valuable for the following reasons. 

(a) improving the deterrent power of the warning letter to show that the right holders are well prepared to initiate formal legal actions if no response is received for the warning letter; 

(b) having more evidence to persuade the local administrative officials to accept the complaint and act quickly, in case of an administrative action; and

(c) to avoid the infringer hiding/destroying evidence upon receipt of our warning letter. This is important in Chinese legal practice since there is no disclosure/discovery of evidence.



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