Winning an IP lawsuit without enforcing the judgment leaves the ruling as mere paper. Civil judgment enforcement is where compensation money actually reaches the account and infringing goods are actually destroyed, and it has its own procedure and deadlines that the winning side must actively push.
Legal basis to start from
Enforcement of civil IP judgments and decisions follows the Law on Enforcement of Civil Judgments: the judgment creditor files an enforcement request within a 05-year limitation period from the judgment’s effectiveness, the enforcement authority issues an enforcement decision and sets a voluntary performance period of 10 days from the debtor’s receipt of the decision. Typical IP enforcement contents comprise collecting the awarded damages and costs, compelling cessation of the infringement, handing over or destroying infringing goods, moulds and means used for infringement, and performing the public apology and correction if the judgment so ordered.
How this applies in practice
When the voluntary period lapses without performance, the enforcement officer moves to compulsion: distraining and handling assets to secure the payable amount, freezing accounts, deducting income as regulated, and organising compulsory destruction of infringing goods under supervision with minutes, like an administrative destruction session. Compulsion costs are in principle borne by the judgment debtor. The point winning parties often neglect is tracking the losing side’s assets from the trial stage and supplying asset information to the enforcement officer, because the authority does not automatically know which assets of the debtor can be handled.
What to do next
- File the enforcement request as soon as the judgment takes effect, with a schedule of contents to enforce: money, goods destruction and public apology, avoiding a generic request.
- Give the enforcement officer the asset information and infringing-goods storage locations the company learned during litigation, so verification and distraint do not start from zero.
- Track progress by periodic written follow-ups and join supervision of the compulsory destruction session as the directly interested judgment creditor.
Frequently Asked Questions
How is an IP judgment enforced after winning?
After the judgment takes effect, the winner files a request with the competent civil judgment enforcement authority within the 05-year limitation period; the authority issues an enforcement decision, sets 10 days for voluntary performance by the losing side, then enforces the money, destruction and other contents of the judgment.
Is destruction of infringing goods compelled?
Yes. Destroying infringing goods is a typical enforcement content: the enforcement officer organises destruction of the goods, moulds and infringing items per the judgment, with minutes and supervision, and by compulsion under the Law on Enforcement of Civil Judgments even if the debtor does not cooperate.
What if the losing side does not comply?
The enforcement authority applies compulsion: distraining, freezing and handling assets to collect the payable amount, deducting accounts and income as regulated, compelling performance or organising substitute performance of non-monetary contents such as destruction and correction publication, while the delaying debtor bears compulsion costs and arising liabilities.
How long does enforcement take?
There is no common timeline for all cases; timing depends on whether the debtor performs voluntarily and whether assets are readily available or must be verified, distrained, valued and auctioned. A case with clear assets and infringing goods still in a warehouse usually enforces far faster than one requiring asset tracing.
This article has been quality-reviewed by the FLAW AI Legal Council