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Full-Text Articles in Criminal Law
Barriers To Criminal Enforcement Against Counterfeiting In China, Daniel C.K. Chow
Barriers To Criminal Enforcement Against Counterfeiting In China, Daniel C.K. Chow
Vanderbilt Journal of Entertainment & Technology Law
Multinational companies (MNCs) with valuable trademarks in China seek criminal enforcement against counterfeiting because other available avenues of relief, such as administrative and judicial remedies, have proven to be ineffective. While MNCs prefer enforcement through China’s Police, the Public Security Bureau (PSB), many MNCs are unaware of the significant hidden dangers of using the PSB.
Most MNCs will delegate enforcement of trademark rights to their Chinese subsidiaries. These subsidiaries are known to make illegal payments to the PSB that may violate the laws of the PRC as well as the United States Foreign Corrupt Practices Act (FCPA). These acts expose …