Cease and Desist Letter (Unfair Competition): China | Practical Law

Cease and Desist Letter (Unfair Competition): China | Practical Law

A letter from (or on behalf of) the owner of unregistered intellectual property rights requesting the recipient to cease and desist from engaging in infringing activities falling under the law of unfair competition (equivalent to the tort of passing off in common law jurisdictions) and demanding certain remedies and assurances from the alleged infringer. This is also referred to as a letter of claim or letter before action. It is tailored for circumstances where the alleged infringer is located in China.

Cease and Desist Letter (Unfair Competition): China

Practical Law UK Standard Document 3-558-2685 (Approx. 12 pages)

Cease and Desist Letter (Unfair Competition): China

by Thomas Huang, Lawjay Partners, with Practical Law China (based on an original document by Rouse)
Maintained, China
A letter from (or on behalf of) the owner of unregistered intellectual property rights requesting the recipient to cease and desist from engaging in infringing activities falling under the law of unfair competition (equivalent to the tort of passing off in common law jurisdictions) and demanding certain remedies and assurances from the alleged infringer. This is also referred to as a letter of claim or letter before action. It is tailored for circumstances where the alleged infringer is located in China.
This standard document has been adapted for use in China from the English law Standard Document, Letter of claim (passing off). It is designed to provide a plain English starting point for local counsel to adapt for use in China-related matters.
This Standard Document is available in Chinese. To download a Word version of this standard document in Chinese, click Standard Document, Cease and Desist Letter (Unfair Competition): China (Chinese Language Version).