Practice Area · 02
Protecting Intellectual Property in China
In China, IP protection should begin before market entry. Li & Shi China Counsel helps international brands and technology businesses register, monitor, enforce and commercialise trademarks, patents, copyrights and other IP rights in the Chinese market.
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Overview
Market Insight
China is a registration-driven and highly competitive IP jurisdiction. For foreign companies, the most common mistake is assuming that overseas brand recognition or prior use abroad is enough to secure protection in China. It is not. Trademarks, patents and other registered rights require China-specific strategy, timely filing and ongoing monitoring.
Trademark squatting remains a significant risk. A third party may register an overseas brand, a Chinese transliteration or a related mark before the brand owner enters China. Once that happens, product launch, platform sales, customs protection and enforcement against counterfeiters can become difficult and expensive.
Effective IP protection in China requires more than filing. It requires Chinese-language brand strategy, class selection, portfolio monitoring, administrative action, customs recordal, litigation readiness and commercial licensing discipline.
Key Risks
Service
Scope of Services
01
Trademark Strategy and Registration
Search, class selection, Chinese-character mark strategy, filing, office-action response, renewal and portfolio management.
02
Opposition, Invalidation and Cancellation
Actions before CNIPA and related review bodies involving bad-faith filings, non-use cancellation, prior rights and similarity disputes.
03
Patent and Design Protection
Support for invention, utility model and design patent registration, prosecution coordination and patent portfolio management.
04
Copyright Protection
Copyright registration, ownership review, licensing documents and enforcement against unauthorised copying or distribution.
05
Customs Recordal and Border Enforcement
Recordal of IP rights with China Customs and response to seizure notices involving suspected infringing goods.
06
IP Litigation and Enforcement
Civil IP infringement claims, administrative complaints, evidence preservation, settlement negotiation and damages strategy.
Representative Matter
Trademark Recovery - European Consumer Brand
A European consumer brand preparing to enter China discovered that a local party had registered marks similar to its brand across multiple classes. The registrations created obstacles for e-commerce launch, distributor negotiations and enforcement against counterfeit goods.
The strategy involved investigating the registrant’s filing pattern, identifying legal grounds for challenge, initiating cancellation or invalidation procedures where appropriate, and filing the client’s own China applications in parallel. The objective was to recover market-entry freedom without overpaying the registrant.