Tips for Cross-Border IP Enforcement in China

Cross-border IP enforcement in China has become more successful than ever for foreign companies. However, success depends entirely on understanding the right approach and working with experienced professionals who know the system inside out.

Understanding Cross-Border IP Enforcement in China

What Does Cross-Border IP Enforcement Really Mean?

Simply put, cross-border IP enforcement in China means protecting your intellectual property rights when violations happen across international boundaries. For example, if someone in China copies your trademark and sells fake products to other countries, or if counterfeit goods are being imported into China from abroad.

Think of it like this: your brand is like your house, and intellectual property laws are like security systems. When someone breaks into your “house” from another country, you need special tools to catch them and stop the damage.

“China remains a major manufacturing hub and e-commerce player, with increasing focus on equal protection for domestic and international entities.” – Current market analysis shows foreign-related IP cases seeing an average annual increase of 23% over the past six years.

Why This Matters More Than Ever in 2025

The landscape has dramatically changed recently. Manufacturing is shifting from China to other countries, but surprisingly, this has created new challenges. Now, more counterfeit products are being imported into China from other manufacturing locations.

Additionally, China’s IP system has evolved significantly. The country now provides equal protection for both Chinese and foreign companies. In fact, foreign companies often receive stronger protection than local competitors expect.

Three Main Enforcement Channels You Can Use

Understanding your options is crucial. China offers three distinct pathways for cross-border IP enforcement:

• Judicial Route: Through specialized IP courts that handle complex international cases
• Administrative Route: Via agencies like CNIPA (China National Intellectual Property Administration) or SAMR (State Administration for Market Regulation)
• Customs Route: Border protection that stops infringing goods at entry/exit points

Each route has different advantages. For instance, administrative routes are faster and cheaper, while judicial routes offer higher compensation. Professional consultation helps determine which path suits your specific situation best.

Your Step-by-Step Action Plan

Step 1: Register Your IP Rights in China First

This cannot be emphasized enough – registration comes first. China operates on a “first-to-file” system, meaning whoever files first usually wins, regardless of who actually created the IP.

Here’s what you need to register:

• Patents: File with CNIPA for inventions, utility models, or designs
• Trademarks: Register your brand names and logos in relevant classes
• Copyrights: While automatic, formal registration strengthens your position

Pro tip: Many foreign companies make the mistake of waiting until they face infringement to register. By then, it’s often too late because squatters may have already registered your IP.

Step 2: Set Up Comprehensive Monitoring Systems

Once registered, you need to watch for violations constantly. This involves:

Digital Monitoring: Track e-commerce platforms like Tmall, JD.com, and Taobao for unauthorized use of your IP. These platforms process millions of transactions daily, making manual monitoring impossible.

Physical Market Surveillance: Monitor wholesale markets, trade shows, and manufacturing regions where counterfeits typically originate.

Cross-border Trade Monitoring: Watch import/export data for suspicious activities involving your products or similar items.

Step 3: Document Everything Properly

Chinese courts have strict evidence requirements. Therefore, proper documentation becomes critical for success.

According to Article 64 of China’s Civil Procedure Law:

“Parties have the responsibility to provide evidence for their own claims. If a party fails to provide evidence or the evidence provided is insufficient to prove their claims, the party who bears the burden of proof shall bear adverse consequences.”

This means you must:

• Take timestamped screenshots with proper notarization
• Purchase infringing products as evidence with detailed receipts
• Document the scale of infringement (how many products, which markets, etc.)
• Calculate damages with supporting financial data

Step 4: Send Strategic Cease-and-Desist Letters

Before jumping to litigation, cease-and-desist letters often resolve issues quickly and cost-effectively. However, these letters must be crafted carefully in Chinese legal context.

Key elements include:

• Clear identification of your IP rights with registration numbers
• Specific description of the infringing activities
• Reasonable deadline for cessation (typically 15-30 days)
• Professional translation into Chinese

Success rates for well-crafted cease-and-desist letters reach approximately 40-50%, making them worth trying before more expensive enforcement actions.

Working with Chinese Authorities (The Smart Way)

Partnering with CNIPA for Patent and Trademark Issues

The China National Intellectual Property Administration (CNIPA) serves as your primary partner for patent and trademark enforcement. Unlike courts, CNIPA offers administrative enforcement that’s both faster and more affordable.

Here’s how to work effectively with CNIPA:

Patent Invalidation Procedures: If someone files a competing patent that blocks your rights, CNIPA can invalidate it through administrative proceedings. This process typically takes 6-9 months compared to 12-18 months in court.

Trademark Opposition and Cancellation: CNIPA handles disputes over trademark registrations, including cases where someone has registered your brand without authorization.

Recent statistics show CNIPA processed over 45,000 administrative enforcement cases in 2024, with foreign companies achieving a 65% success rate in administrative proceedings.

Leveraging SAMR’s Market Enforcement Power

The State Administration for Market Regulation (SAMR) acts like a powerful enforcement arm for IP rights in China’s marketplace. Think of SAMR as the “IP police” with authority to conduct raids and impose penalties.

SAMR’s capabilities include:

• Market Raids: SAMR conducted 44,000 enforcement actions in 2024, involving RMB 1.13 billion worth of infringing goods
• Administrative Penalties: Fines and business license revocation for serious violators
• Cross-Regional Coordination: SAMR can coordinate enforcement across multiple provinces simultaneously

To engage SAMR effectively, you need to provide:

1. Clear evidence of infringement with proper documentation
2. Information about the scale and location of infringing activities
3. Your valid IP registration certificates
4. Calculation of economic losses or damages

Maximizing Chinese Customs Protection

Chinese Customs represents your first line of defense against cross-border IP enforcement challenges. In 2024, Customs achieved remarkable results:

How to Register Your IP with Customs

Registration with Chinese Customs creates automatic protection at all border points. Here’s the process:

Step 1: Prepare Documentation

• Valid IP registration certificates from CNIPA
• Detailed product descriptions and images
• Information about authorized manufacturers and distributors
• Contact information for rapid response to detentions

Step 2: Submit Applications Online

Use the China Customs IP Protection System (CIPPS) for electronic filing. The system accepts applications in both Chinese and English, though Chinese submissions process faster.

Step 3: Pay Registration Fees

Fees range from RMB 800 for trademarks to RMB 2,000 for patents, valid for 10 years with renewal options.

Understanding the New 18-Article Regulation

China’s new 18-Article Regulation for Handling Foreign-Related IP Cases (issued March 13, 2025) provides unprecedented support for foreign companies dealing with cross-border IP enforcement.

Key provisions include:

Article 2: Guidance and Assistance Services

“Relevant departments shall provide guidance and assistance to foreign-related parties in IP dispute resolution, including information services, consultation services, and coordination services.”

Article 7-8: Enhanced Mediation and Arbitration

These articles promote alternative dispute resolution methods, which often resolve cases faster and more cost-effectively than traditional litigation.

Article 12: International Evidence Collection

This provision ensures compliance with international treaties for cross-border evidence gathering, making it easier to build strong cases with evidence from multiple countries.

The regulation also establishes hotlines and assistance centers specifically for foreign companies facing IP disputes in China. Contact our team to learn how to access these new resources effectively.

Real Success Stories

Photovoltaic Equipment Victory: A Patent Protection Win

In 2024, Shenzhen Customs achieved a significant victory in cross-border IP enforcement when they seized RMB 10.79 million worth of patent-infringing photovoltaic equipment destined for overseas markets.

The Challenge: A foreign solar technology company discovered that Chinese manufacturers were producing copies of their patented solar panel mounting systems and exporting them globally. The counterfeits used nearly identical designs but inferior materials that could fail in extreme weather conditions.

The Strategy: The company had properly registered their patents with CNIPA and recorded them with Chinese Customs. When customs detected suspicious shipments, they immediately detained the goods and contacted the patent holder.

The Result: Not only did customs stop the immediate infringement, but the case led to successful litigation against the manufacturer. The court awarded both damages and injunctive relief, effectively shutting down the counterfeiting operation.

Key lesson: Proactive registration with both CNIPA and Customs creates multiple layers of protection that can stop infringement before it reaches international markets.

Shanghai Solar Panel Success: Multi-Right Protection

Shanghai Customs demonstrated sophisticated enforcement capabilities when they detained RMB 7.62 million worth of solar panels that infringed both trademark and patent rights simultaneously.

The Complexity: The infringing products combined stolen trademark designs with patented technology, making the case more complex than typical single-right infringement cases.

The Innovation: Chinese authorities coordinated between different IP protection systems, combining trademark enforcement under the Trademark Law with patent protection under the Patent Law.

The Impact: This case established important precedent for handling multi-right infringement cases, particularly relevant for technology companies whose products involve both branded components and patented innovations.

“The solar panel cases demonstrate China’s commitment to protecting clean energy innovations, recognizing that IP protection drives technological advancement in critical environmental technologies.” – Industry analysis of recent enforcement trends

Jiangxi Caiying Tech: E-commerce Enforcement Excellence

The SAMR Top Case of 2024 involved a sophisticated multi-province raid on “Jimi” trademark counterfeits distributed through e-commerce platforms.

The Challenge: Counterfeiters had created a complex network spanning multiple provinces, using various e-commerce platforms to sell fake products bearing the “Jimi” trademark.

The Breakthrough: SAMR coordinated simultaneous raids across multiple provinces, demonstrating unprecedented cross-regional cooperation in IP enforcement.

The Technology: Authorities used big data analysis to track the counterfeiting network, identifying connections between seemingly separate operations.

The Success: The operation dismantled an entire counterfeiting ecosystem, not just individual sellers. This approach addresses the root cause rather than just symptoms of IP infringement.

This case showcases how modern cross-border IP enforcement increasingly relies on technology and inter-agency cooperation to tackle sophisticated criminal networks.

Wenzhou Apple Counterfeit Network: Criminal Enforcement Power

The Wenzhou Zunxiang case exemplifies how Chinese authorities tackle large-scale counterfeiting operations that span international borders.

The Scale: Investigators discovered a massive operation producing counterfeit Apple products for both domestic and international markets.

The Coordination: The case involved coordination between customs, market regulation authorities, and criminal police across multiple provinces.

The International Element: Some counterfeit products were destined for overseas markets, making this a true cross-border IP enforcement success story.

The Outcome: Authorities not only stopped the immediate infringement but also pursued criminal charges against the organizers, sending a strong deterrent message to other potential infringers.

Expert Tips from Yucheng IP Law (YCIP)

Strategic Registration: Building Your Foundation Right

At Yucheng IP Law (YCIP), we’ve helped hundreds of foreign companies build bulletproof IP protection in China. Based on our experience with cross-border IP enforcement, here are our most valuable insights:

Register in Multiple Classes: Don’t just register your main business category. Trademark protection should cover related categories where counterfeiters might operate.

For example, if you sell electronic devices, also register in categories for:

• Accessories and spare parts
• Repair and maintenance services
• Software and applications
• Online retail services

Consider Defensive Registrations: Defensive trademark strategies involve registering variations of your brand that counterfeiters commonly use, such as:

• Common misspellings
• Similar-sounding names
• Translations into Chinese
• Domain name variations

Time Your Filings Strategically: File applications before entering the Chinese market, not after. China’s first-to-file system means delays can be costly.

The Administrative Route: Speed Over Maximum Damages

Many foreign companies automatically choose court litigation, but administrative enforcement often provides better value for straightforward infringement cases.

When Administrative Routes Work Best:

• Clear-cut infringement cases with obvious copying
• Need for quick cessation rather than maximum damages
• Budget constraints that make litigation prohibitive
• Cases involving multiple small infringers rather than one large defendant

Our YCIP Administrative Strategy:

1. Evidence Package: We prepare comprehensive evidence packages that administrative agencies can act on quickly
2. Multiple Agency Coordination: We simultaneously engage CNIPA, SAMR, and Customs when appropriate
3. Follow-up Monitoring: We monitor compliance after administrative decisions to ensure lasting results