This guide summarizes patents, trademarks, copyright, and trade secrets in China, and where to find specialized counsel.
1. Why China IP is different
China operates largely on a first-to-file logic for trademarks and has high filing volumes for patents. Enforcement can be administrative (AMR/IP authorities, customs) or judicial (IP courts and tribunals in major cities). English evidence often needs certified translation; notarization/legalization rules apply to foreign-formed evidence.
| Right | Core tactic | Common foreign mistake |
|---|---|---|
| Trademark | File early in relevant classes + Chinese versions | Launch first, register later |
| Patent | Layer invention + utility model + design | Relying only on home-country patents |
| Copyright | Ownership chain + optional recordal | Agency-created assets without assignment |
| Trade secret | Access control, NDAs, exit process | No proof of "reasonable measures" |
2. Trademarks
Register early - ideally before market entry or public launch in China. Consider word marks in English and distinctive Chinese-character versions, classes covering core goods/services plus defensive classes, and watch services for squatters and bad-faith filings.
Opposition, invalidation, and non-use cancellation are common tools. Platform complaints (Tmall, JD, Douyin, WeChat) usually require a China registration or a strong supporting rights package.
3. Patents
China offers invention patents, utility models, and designs. Invention patents undergo substantive examination; utility models can be faster but narrower. Foreign applicants typically file via Paris Convention or PCT national phase. For product companies, design patents and utility models often complement invention filings in enforcement packages.
For hardware and consumer products, combine patents with trademarks and copyright in packaging/software UI. Single-right strategies fail more often in fast copy markets.
4. Copyright and software
Copyright arises automatically, but voluntary recordal can help enforcement and platform complaints. Software, manuals, marketing content, product photos, and training materials should have clear ownership chains - especially when agencies or freelancers create assets.
5. Trade secrets
China's Anti-Unfair Competition Law protects trade secrets. Practical protection depends more on process than statute: access controls, NDAs, employee IP assignment, exit interviews, and logging. Misappropriation claims often appear alongside employment disputes when key staff leave - coordinate with the employment guide.
6. Enforcement toolkit
Choose among platform notices, administrative complaints, civil litigation in IP courts, customs recordal/seizures, and - for serious counterfeiting - public security engagement. Evidence preservation and notarized purchases of infringing samples are routine first moves.
Sending angry cease-and-desist letters without a China rights package can educate counterfeiters and waste leverage. Build filing and evidence steps first.
For forum strategy beyond pure IP, see the dispute resolution guide. Manufacturing contracts and tooling ownership sit in the business & contract guide.
7. Practical checklist
- File core trademarks (EN + CN) before launch announcements in China.
- Map patent coverage to products actually sold or made in China.
- Record ownership of agency-created marketing and software assets.
- Implement trade-secret "reasonable measures" you can prove later.
- Budget notarized buys and translations into enforcement plans.
- Align OEM mold/tooling ownership in writing before production.
