As pre-requisites for criminal investigation, the right owner has to prove the subsistence of copyright in the work alleged to have been infringed or that the trademark has been registered in Hong Kong; and furnish sufficient evidence to show that an infringement of such right has taken place. The right owner should, therefore, furnish the following information/documents to Customs when reporting an infringing activity:

For Copyright Infringement

(a) copyright and copyright owner's information;

(b) sample of the copyright work and the infringing work;

(c) in case the recordation is filed by a party other than the right owner, written authorization for the party to complete the recordation and assist in criminal prosecution or other legal action on the right owner's behalf is required;

(d) appointment letter in regard to a competent examiner to conduct subsequent seizure identification and undertake to give evidence and testify in court; and

(e) affidavit evidence (required for initiating criminal prosecution).

For Trademark Counterfeiting

(a) relevant Trade Mark Certificate as proof of the trade mark having been registered in Hong Kong;

(b) sample of the genuine product and the offending goods;

(c) in case the recordation is filed by a party other than the right owner, written authorization for the party to complete the recordation and assist in criminal prosecution or other legal action on the right owner's behalf is required; and

(d) appointment letter in regard to a competent examiner by the right holder to conduct subsequent seizure identification and undertake to give evidence and testify in court.