IP litigation and enforcement in China
A good enforcement strategy picks the right forum before any letter is sent. China offers three main routes, and the best choice depends on your goal, your evidence and how quickly you need the infringement to stop.
Three routes
- Courts: civil actions for injunction and damages, including specialised IP courts and tribunals in major cities. Malicious infringement can attract higher damages.
- Administrative authorities: faster and lower cost for clear-cut trademark counterfeiting and some patent disputes.
- Customs: recordal and detention of infringing goods, especially for export manufacturing.
What we do
- Infringement analysis and claim charts
- Evidence collection and preservation, including notarised purchases
- Infringement and invalidation proceedings, handled together so each informs the other
- Ownership and contract disputes with distributors, OEMs and former partners
- Customs blockages caused by bad-faith filings, and negotiated settlements
A substantial part of our practice is litigation. That experience shapes how we advise on filing: we draft claims and choose evidence with the courtroom in mind.
Questions we hear most
How long does IP litigation take in China?
It varies by court, case complexity and whether the defendant challenges validity. Preliminary measures can be sought where urgent. We give a realistic timeline after reviewing your evidence.
Should I use courts or administrative enforcement?
Administrative action can be quicker for obvious counterfeiting. Courts are better when you need damages, an injunction, or a ruling on a disputed question. We often combine them.
What if my goods are held at customs because of someone else's trademark?
We review the filing, your prior rights and the supply chain, then decide between negotiation, invalidation of the registration and a customs challenge.