In a significant IP Law & Policy development, CNIPA and the State Administration for Market Regulation (SAMR) jointly issued new rules on trademark enforcement evidence. These rules, effective from 2025, provide detailed guidance on evidence collection, preservation, and submission in administrative enforcement actions. For foreign brand owners, understanding these rules is essential for effective trademark enforcement in China.

Overview of the New Evidence Rules

The new evidence rules represent a comprehensive IP Law & Policy framework for trademark enforcement evidence. They address long-standing challenges in administrative enforcement, including the authentication of foreign evidence, the admissibility of electronic evidence, and the standards for proving infringement.

Key Provisions

1. Types of Admissible Evidence

The rules specify the types of evidence that are admissible in administrative enforcement proceedings:

  • Physical evidence: Infringing goods, packaging, labels, and promotional materials
  • Documentary evidence: Contracts, invoices, shipping documents, and business records
  • Electronic evidence: Website screenshots, social media posts, e-commerce listings, and digital communications
  • Witness testimony: Statements from consumers, industry experts, and investigators
  • Expert opinions: Technical analysis and professional assessments
  • Audio-visual materials: Photographs, videos, and audio recordings

2. Authentication of Foreign Evidence

For foreign brand owners, one of the most important IP Law & Policy provisions addresses the authentication of evidence originating outside China. The rules provide clearer guidance on notarization, legalization, and translation requirements. Evidence that is notarized in the country of origin and legalized by the Chinese embassy or consulate is generally admissible.

3. Electronic Evidence Standards

The rules establish specific standards for electronic evidence, reflecting the growing importance of digital commerce in trademark enforcement. Screenshots must include timestamps, URLs, and sufficient context. Electronic evidence can be preserved through notarization, timestamp services, or blockchain technology.

4. Evidence Preservation

The rules provide guidance on evidence preservation, including the use of notary public services, the chain of custody requirements, and the standards for maintaining the integrity of evidence throughout the enforcement process.

Practical Tips for Foreign Brand Owners

  1. Document everything: Maintain comprehensive records of trademark use, including sales data, advertising materials, and market presence in China
  2. Preserve electronic evidence: Use notarization or timestamp services to preserve screenshots of infringing e-commerce listings and social media posts
  3. Prepare evidence in advance: Don’t wait for an infringement to occur before gathering evidence. Build a dossier of your trademark rights and reputation
  4. Work with local counsel: Chinese IP attorneys can ensure that your evidence meets the new standards for admissibility

Conclusion

The new CNIPA/SAMR enforcement evidence rules represent a significant IP Law & Policy advancement that benefits foreign brand owners by providing clearer guidance on evidence requirements. By understanding and complying with these rules, foreign brands can conduct more effective trademark enforcement actions in China.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.