Intellectual Property Protection in China
Copying usually becomes visible after the drawing has already been shared. What can be done then depends on which rights exist in China, when they were created, and what the manufacturing agreement says. This page explains the situations we handle and how protection and enforcement are assessed.
Common Situations
- A Chinese factory is producing or selling a product that copies your design.
- Your manufacturer or distributor has registered your trademark in China.
- Design files, drawings, or technical specifications were shared and later appeared elsewhere.
- Counterfeit or lookalike versions of your product are being sold online or exported.
- You are about to share designs with a new supplier and want protection in place before disclosure.
What We Do
- Assess whether a Chinese trademark, design patent, or copyright registration exists, and whether filing is still possible before further disclosure.
- Review manufacturing and confidentiality agreements for ownership, non-use, and non-circumvention terms.
- Evaluate potential infringement, including how close a modified design is to the protected design.
- Consider cease-and-desist letters, administrative complaints, civil litigation, or customs measures depending on the facts.
- Advise on trade secret protection under Chinese law, including the confidentiality measures that support such a claim.
What to Prepare
- Trademark or design patent certificates, and any pending applications.
- Design drawings and files with dates showing when they were created and shared.
- Contracts, NDAs, and purchase orders with the manufacturer.
- Evidence of the copying: product samples, purchase receipts, and screenshots with dates and URLs.
- Records of your sales, marketing, and public disclosure in China and abroad.
How Engagement Works
- 1
Initial inquiry
You describe the product, the protection you hold, and what the other side is doing. We confirm whether the matter can be assessed.
- 2
Conflict check and engagement
We check for conflicts of interest and confirm the scope and fee arrangement in writing.
- 3
Rights and evidence review
We verify what protection exists in China, when the design was disclosed, and whether enforceable rights are still available.
- 4
Strategy
Depending on the facts: a cease-and-desist letter, an administrative complaint, civil litigation, customs measures, or contract-based claims.
- 5
Follow-through
We pursue the chosen route, report at agreed milestones, and advise on further steps where the first measure does not resolve the issue.
How Fees Are Determined
- Professional fees are agreed in writing before substantive work begins.
- Review and strategy work is usually quoted as a fixed fee for a defined scope; litigation and administrative actions are quoted in stages.
- Official fees, translation, notarization, and evidence-collection costs are separate and confirmed in advance.
- Where the available rights or evidence do not support a realistic action, we will say so before you commit.
A foreign registration does not automatically give protection in China. Trademarks, designs, and patents are territorial, and the timing of any public disclosure can affect whether a design filing remains available.
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Tell Us What Happened
A short summary of the facts and the documents you hold is enough to start. We will explain the realistic options before you commit to any step.
Contact Michael Ma