Enforce · 06 Editorial guide
IP Enforcement and Customs Protection in China
Start with a valid right, a preserved act and a remedy that fits. Administrative action, civil litigation, criminal referral, platform takedown and customs protection have different thresholds and outputs; customs recordal concerns border enforcement, not tariff classification.
First job Choose the enforcement path and the evidence you already have, then the forum.
Start here
Key considerations
The first questions are about urgency, governance and preservation — before collection expands or interviews begin.
- What right is being infringed, and where?
- What evidence already exists?
- Is the goods movement a customs-recordal question?
Direct answer
What this page decides
02
Begin with a valid right, a defined target and preserved evidence. Platform complaints, administrative enforcement, civil litigation, criminal referral and customs protection have different thresholds, powers and remedies; they are not interchangeable escalation levels. Confirm ownership, legal status, scope, licences and standing before contacting the target. Preserve the accused product, listing, shipment, factory or process through a controlled and lawful evidence method, then choose the route by urgency, evidence access, desired remedy, confidentiality and repeat-infringer risk. Civil litigation may support injunctions, damages and evidence or asset preservation. Administrative authorities may investigate and impose administrative measures within their jurisdiction. Criminal referral depends on the offence and the current 2025 judicial interpretation, including its valuation and seriousness rules. Customs recordal helps border identification of eligible rights but is not tariff classification, does not guarantee detention and requires accurate owner, product, licensee and contact data plus rapid response to notices.
At a glance
Which fact changes the next route
Use the fact that changes ownership or urgency to decide the next move.
| Question | Why it matters | Next route |
|---|---|---|
| Which right is being enforced? | Trademark, patent, design, copyright and trade-secret cases require different scope and proof. | Verify the certificate, register, owner, legal status, assignment, licence and challenged conduct. |
| What evidence exists now? | A warning letter or platform complaint can cause listings, stock, accounts or factory evidence to disappear. | Preserve the target and chain of custody before contact where lawful and proportionate. |
| Which remedy matters? | Takedown, seizure, injunction, damages, criminal punishment and border detention require different routes. | Rank speed, evidence access, confidentiality, cost and remedy before selecting the forum. |
| Is a shipment involved? | Customs protection is time-sensitive and distinct from ordinary import classification or tax work. | Check recordal, detention response authority, authentic-product identification and security readiness. |
| Can the result be executed? | A decision without assets, target identity, platform controls or repeat monitoring may have limited commercial effect. | Plan execution and recurrence controls before filing. |
Scope
What this page owns — and what it does not
Practical workflow
Action, evidence, legal gate, output
| Action | Documents / evidence | Legal gate | Output |
|---|---|---|---|
| Validate right and standing | Certificates, register extracts, legal status, assignments, licences, powers and product mapping | Confirm the claimant and enforceable scope | Standing and right packet |
| Identify target and conduct | Entity records, stores, listings, domains, factories, warehouses, shipments, products and processes | Separate seller, manufacturer, exporter, platform and facilitator roles | Target and actor map |
| Preserve evidence | Controlled purchases, online capture, samples, invoices, shipping records, technical comparison and custody log | Use a lawful method fit for the likely forum | Indexed evidence package |
| Select and sequence routes | Urgency, remedy, jurisdiction, thresholds, evidence access, confidentiality, assets and repeat history | Avoid incompatible or prematurely revealing steps | Enforcement route plan |
| Prepare customs protection | Eligible registrations, recordal, licensees, authentic and suspect goods, routes, contacts, security and response protocol | Keep recordal and product-identification data current | Customs response file |
| File and operate the action | Complaint, pleadings, powers, translations, preservation request, security, criminal clues and authority correspondence | Meet forum-specific proof and procedural requirements | Accepted action and live docket |
| Execute and monitor | Decision, undertaking, settlement, asset information, destruction, payment, platform controls and watch data | Convert the result into durable market control | Execution and recurrence report |
Documents
What to gather before the next call
These items help clarify the file; they are not a legal requirement list.
| Item | Why needed | Who holds it | Risk if missing |
|---|---|---|---|
| Right and title file | Proves ownership, status, scope and authority to enforce | IP owner, licensee and counsel | Action fails on standing or an expired right |
| Target intelligence map | Connects storefronts, entities, factories, accounts, warehouses and shipments | Brand protection and investigators | Action reaches a replaceable seller but not the source |
| Controlled evidence and custody record | Preserves the accused act, product and provenance | Investigator, notary where used, technical team and counsel | The product cannot be authenticated or compared |
| Technical or brand comparison | Maps protected scope to the accused product or conduct | Patent, design, trademark or copyright specialists | Commercial similarity substitutes for legal analysis |
| Route and remedy matrix | Records why each forum and sequence was selected | Business owner and enforcement counsel | One action compromises another or cannot deliver the desired remedy |
| Customs recordal and detention file | Keeps rights, authentic goods, licensees, contacts and security readiness operational | Customs lead and local counsel | A detention notice expires before an informed response |
Common failure points
Where files usually break
Sending a cease-and-desist letter before preserving listings, stock, transaction and source evidence.
Assuming a certificate alone proves current ownership, standing and infringement scope.
Using ordinary screenshots without reliable date, URL, account, transaction and preservation context.
Treating platform takedown as a final remedy while the manufacturer, exporter and replacement accounts remain active.
Selecting an administrative raid when the primary objective requires damages, evidence disclosure or a durable injunction.
Quoting criminal thresholds from superseded interpretations instead of the judicial interpretation effective April 26, 2025.
Conflating customs IP recordal with HS classification or expecting customs to identify every suspect shipment automatically.
Failing to answer a detention notice, provide security or identify authentic and authorised goods promptly.
Ignoring validity challenges, non-use exposure, title gaps or licence restrictions that the target may use defensively.
Publicising an action before evidence, confidentiality, employee safety and retaliation risks are controlled.
Stopping after judgment without tracing assets, enforcing undertakings or monitoring connected repeat actors.
FAQ
Narrow follow-ups owned by this page
Which enforcement route is fastest?
Speed depends on the right, evidence, location, target and remedy. Platform or administrative action can be rapid in suitable cases, while civil preservation or customs action may better protect evidence or shipments. Route selection is fact-specific.
Is notarisation always required for online evidence?
No single preservation method fits every case. Reliability, source, integrity, identity and intended forum matter. Decide the method before the page or account changes.
Does customs recordal stop all counterfeits?
No. Recordal supports identification and communication but does not guarantee detection or detention. Accurate data, shipment intelligence, trained contacts, security readiness and timely responses remain necessary.
When is criminal referral appropriate?
The offence, conduct, knowledge, amount or quantity evidence and current 2025 judicial interpretation must be assessed. A civil infringement finding does not automatically establish criminal liability.
Can several routes run together?
Often yes, but sequence matters. Disclosure, evidence access, inconsistent positions, preservation, settlement and authority coordination should be planned before parallel action.
Decision map
Keep the question bounded.
- Validate right and targetConfirm ownership, status, scope, licences and standing; identify the actor, product, process, listing, shipment, factory, warehouse and relevant territory.
- Preserve admissible evidenceUse controlled purchases, notarised or otherwise reliable online capture, product comparison, source and custody records, corporate and shipment intelligence, while respecting data and investigation limits.
- Select and sequence routesCompare platform, administrative, customs, civil, criminal and negotiated measures by speed, evidence access, remedy, confidentiality, cost and risk of tipping off the target.
- Operate customs protectionRecord eligible rights with GACC where useful, keep owner, licence and authentic-product data current, train customs contacts, prepare identification points and security, and respond rapidly to detention notices.
Timeline
Sequence and clocks that change the next action.
- PreparednessMaintain registrations, title records, licences, product comparisons, authentic-product guides, watches, customs recordals and internal response authority.
- First detectionCapture the lead, verify the actor and right, assess urgency and stop uncontrolled contact or publicity that may destroy evidence.
- Evidence lockPreserve listings, purchases, samples, shipments, corporate links, communications and custody records through a method suitable for the intended forum.
- Route and preservationChoose coordinated platform, administrative, customs, civil or criminal steps and evaluate evidence, conduct or asset preservation before notice.
- Action and responseFile through the selected route, answer authority or customs notices, manage security and confidentiality, and record every seizure, undertaking or decision.
- Execution and recurrenceEnforce the result, supervise destruction or payment, update recordals and watches, map connected actors and repair portfolio weaknesses.
Quick answers
Need the short version? Start with one narrow question.
These explainers answer one question. They do not replace this topic route or a deep guide.
Curated resources
Open the asset that matches this job.
Trademark Law of the PRC
Official CNIPA text supporting registration, opposition, invalidation and non-use remedy boundaries.
Patent Law of the PRC
Official CNIPA English reference text covering invention, utility model, design, service inventions and patent protection.
Anti-Unfair Competition Law revised in 2025
Official NPC text, effective 15 October 2025, including the current trade-secret definition and prohibited conduct.
SPC Provisions on Evidence in IP Civil Litigation
Official Supreme People's Court rules on evidence production, preservation, controlled purchases, technical facts, documents held by the opposing party and confidentiality in IP civil cases.
2025 Judicial Interpretation on Criminal IP Cases
Current SPC and SPP interpretation, effective April 26, 2025, covering IP crimes, thresholds and calculations, accomplice conduct, evidence and penalties while replacing earlier interpretations.
China Customs IPR protection service
Official GACC recordal and border-enforcement route for eligible import/export-related intellectual property rights.
Customs IPR protection implementing rules
Official GACC rules covering recordal, detention applications, evidence, agents, changes and renewals.
Helpful to prepare
Facts that make the next conversation clearer.
These items are orientation aids, not a legal requirement list.
Evidence file
Preserve the record before the forum is chosen.
This is a preparation prompt, not a finding that any item is admissible or required.
- Current official registers, certificates, assignments, licences and powers establishing the claimant and protected scope.
- Dated listing captures, controlled purchases, invoices, payment records, delivery packaging, samples and chain-of-custody records.
- Claim charts, trademark and goods comparisons, design views, source or object-code analysis and copyright creation records as applicable.
- Corporate, platform, domain, logistics, warehouse, factory and shipment records linking actors and locations.
- Sales, price, inventory, profit, loss and market evidence relevant to remedy, valuation or criminal thresholds.
- Customs recordal, authorised-licensee data, authentic-product indicators, suspect routes and detention correspondence.
- Original notices, authority records, preservation orders, seizure inventories, undertakings, judgments and execution evidence.
Counsel hand-off
What to bring when you instruct
Bring current certificates and register extracts, assignments, licences and powers, the exact protected goods, services, claims, designs, works or secrets, target names and connected entities, URLs, accounts, factories, warehouses and shipment data, controlled-purchase materials, samples and custody records, technical comparisons, sales and price evidence, prior notices and responses, platform history, customs recordal and authorised-licensee data, authentic-product indicators, detention notices, desired remedy, urgency, confidentiality and safety constraints, known assets and any parallel invalidity, cancellation, employment or criminal matter.
Local context
Add the city when the enforcement forum changes.
AIC/SAMR and court practice can differ after the national IP route is identified.
Open city and province guidesCounsel hand-off
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This hub organises filing, secrets and enforcement routes. It does not register rights, stop a squatter or bind CNIPA on your facts.
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