About Our Cease and Desist Letters Department

Contact Person :

Billy Kong (UK Solicitor, LL.B., LL.M)

Email ：

enquiry@bk.com.hk

General Telephone :

(852) 3105 5115

Cease and Desist Letters Service Fees

The Emergence of Infringing Products

Infringing products emerge when the genuine product is popular in the market. Through internet, exhibitions and magazines, the manufacturer of the infringing products may easily get contact with the appropriate trading companies to distribute the infringing products. The infringing activities will continue if the intellectual property owner of the product (“the Company”) adopts a non-intervention policy in this situation and eventually, more and more infringing products at much lower price will appear in the market competing with the genuine product.

Once the Company encounters infringing activities, the most noticeable effect is that the price of that particular product will drop drastically within a short period of time. The life span of the product will also be reduced.

In order to avoid the reduction of sales in the market due to the above reason, the Company should take the first step of anticounterfeiting measures by issuing cease and desist letters to the infringers.

Issuing Cease & Desist Letters

A cease and desist letter is a notification given from the owner of copyright, registered patent, design or trademark of a product, to a party dealing with products / marks that may infringe its intellectual property rights. In a cease and desist letter, the Company should list out their rights in details (e.g. copyright, registered design, patent and/or trademark), and request the infringers to agree to the following conditions:-

• terminate all infringing activities and undertake not to engage in any further infringing activities;
• disclose information about the suppliers and the buyers of the infringing products, including receipts and invoices;
• deliver up all the remaining stocks of the infringing products; and
• compensate for losses and costs.

Infringers can easily be found through internet, exhibitions and magazines. With the rapid development of the internet, infringing activities have been accelerated and increased. TheCompany should therefore conduct searches on the internet regularly, and once infringing activities are discovered, the Company should issue cease and desist letters to each and every infringer as soon as possible, including the publishers of the magazines and the internet service providers which provide a forum for the infringers to conduct the infringing activities.

Cease and desist letters have to be sent with information and documents which prove the rights of the Company. As most of the infringers committed the infringing activities without knowing that the products they were selling were infringing products, as long as the company clearly states in the cease and desist letter its cause of action, evidence and requests, most of the recipients would stop the infringing activities, and may even disclose the identity of the supplier of the infringing products, which assists the Company to trace the source of the infringing activities and to take further appropriate actions against them

About Our Cease and Desist Letters Team

Our Cease & Desist Letters Team was established in 2005. Our Team members will conduct searches on the internet regularly for infringing activities relating to our client’s products, advising clients on how to stop infringing activities by means of cease and desist letters, tracing the sources of the infringing products and gathering evidence for prosecution.

In the past few years, we have issued more than one thousand cease and desist letters for our client. After our clients have provided us with sample or catalogue of their products, our team members would search for infringing activities regularly through different means. We have an excellent system searching for infringing activities, reporting to clients and issuing cease and desist letters.

Scope of Services

Upon receiving our client’s instructions, our cease and desist letters team will proceed with:-

• Conducting searches for infringers of client’s intellectual property rights
• Issuing cease and desist letters to:-
  • infringers, including retailers, trading companies and manufacturers
  • internet service providers or the publishers of the magazines who procure and assist
    the infringers to publish infringing copies
• Handling settlement agreements and/or Deed of Undertaking with the infringers

We believe that our cease and desist letters team can provide our clients with economic, prompt and effective services for the purpose of stopping infringing activities. Please do not hesitate to contact us for further information.