What are the pros and cons of administrative actions and civil proceedings?
After receiving an infringement complaint, the administration authorities normally conduct investigations into the infringing enterprise within a short time and will seal, impound or seize the infringing goods found. As such, administrative actions have the benefit of stopping the infringement act quickly. Moreover, the procedures for lodging an administrative complaint are relatively simple and involve less costs. However, the administration authorities are not empowered to demand the infringer to make payment for damages. Hence, it is normally difficult for the intellectual property rights holder to claim damages through administrative complaints, unless the infringer is willing to pay damages upon mediation by the administration authorities. Compared to administrative complaints, the procedures for civil proceedings are more complicated and involve more time and costs. However, an intellectual property rights holder can both stop the infringement act and claim damages in civil proce
