One-Stop Brand Services and Strategic Risk Proposal
Interpretation of brand strategic risks
The strategic risks of a brand mainly refer to the brand’s IP (trademarks, patents and copyrights) and enterprise’s internal and external infringements and competitive risks. The countries of origin for all international enterprises that have entered or are planning to enter the Chinese market have sound and steady legal systems in respect of brands (trademarks, patents or copyrights). However, in the emerging Chinese market, these enterprises must forecast their brand strategic risks associated with marketing or production in China or expanding their brands in China, taking into consideration the differences in national situations and legislation.
Brand strategic risks – 3D dynamic investigation and analysis
China’s brand operation market is a 3D one consisted of online retail & wholesale, brick-and-mortar distribution markets (stores) and factories, attracting fair or unfair competing brand strategic risks from countries all over the world. IP (trademark, copyright and patent) infringements and various business risks appear one after another, and the 3D brand strategic risks are different each year and each period. To comprehensively analyze brand strategic risks for different time periods or years, QCAC will, at the beginning or end of each year, comprehensively provide authorized clients (enterprises) with a Report on the Dynamics of 3D Brand Strategic Risks in the Chinese Market.
Comprehensive protection proposals for brand strategic risks
QCAC can, depending on a client’s international (domestic) branding, tailor professional comprehensive analysis of brand strategic risks in the Chinese market and prepare an Annual Proposal for the Strategic Protection of Brand Strategic Risks, defining the strategic and tactical goals of risk management and control and ensuring close connection of any tactical protective action or investigation implemented by the client in China with the goal of strategic risk control.
Brand IP Right Protection Services
I. 3D dynamic analysis, planning and monitoring in Chin
In today’s Internet era, infringements in China not only occur in markets and factories, but also, and even more seriously, in the virtual cyberspace. Given the limited budgeting and unlimited infringements, the importance of strategic 3D dynamic analysis, planning and monitoring has become more and more outstanding.
Based on the actual infringements in China on client’s brand IP (trademarks, patents and copyrights), QCAC will conduct year-end or on-going monitoring (continuous strategic monitoring of Internet, brick-and-mortar stores and factories), and will at the end of each year provide a professional Annual Analysis Report on the Dynamics of Brand Infringement and Strategic Infringement.
II. Administrative investigation and crackdown
As to a brand infringement whose value is not qualified for criminal filing, QCAC will conduct investigation and obtain evidence before administrative crackdown to determine the target’s sales and production activities, and represent the brand owner in claiming to the administrative law enforcement authorities (market supervision authority, IP authority, copyright authority and other relevant administrative authorities) and cooperate with on-site law enforcement actions all the way through.
III. Criminal investigation and crackdown
As to a brand infringement whose value is qualified for criminal filing, QCAC will fully implement in-depth criminal investigation and actively lodge criminal claim to China’s public security authority to crack down on the infringing party in the following three ways：
IV. Right protection through filing lawsuits with the court
QCAC can not only conduct administrative and criminal investigation and evidence collection, represent the brand owner in applying to the administrative and criminal law enforcement authorities to crack down on the infringer and hold it liable administratively and criminally, but also simultaneously cooperate with law firms in 20 provinces/municipalities in China, obtain evidences of infringement through notaries (including online notaries), directly lodge civil lawsuits with the court for civil indemnity, and hold the infringer liable for civil indemnity.