Intellectual Property

Protecting and enforcing trademarks, patents, copyright and trade secrets in China, and advising on unfair competition and competition compliance.

Our IP team advises on the protection of trademarks, patents, copyright and trade secrets, and has acted for overseas clients in a substantial number of IP and unfair competition matters.

How We Help

  • Designing IP protection strategies, drafting supporting documentation and delivering internal training
  • Internal IP audits, and responding to external audits
  • Trademark, copyright and patent filing and prosecution, in cooperation with licensed patent agents
  • Handling disputes arising during prosecution
  • Assessing IP litigation risk, advising on response strategy, and acting in proceedings
  • Competition compliance programmes, including anti-commercial-bribery: design, documentation and training
  • Internal investigations, and responding to external investigations
  • Representation in IP and unfair competition disputes

Why It Matters

China is a first-to-file jurisdiction: rights not registered locally are rights at risk. Registration is not the end of the exercise, though. Enforcement is what makes a portfolio worth holding, and the routes available — administrative action, platform takedown, civil litigation — differ sharply in cost, speed and what they actually recover.

We match the route to what the client is trying to achieve, and build programmes that hold up in practice rather than on paper.

Our People

Related Attorneys

Sarah Wu

Partner, Intellectual Property

Counsels international brands on IP protection, unfair competition and competition compliance in China.

Full profile →
Common Questions

Frequently Asked Questions

Does registering a trademark abroad protect us in China?

No. China operates a first-to-file system, and a mark registered elsewhere gives no rights in China on its own. A separate Chinese registration is required, and it should cover not only the classes currently in use but also the classes a business is likely to enter.

How do we stop counterfeit goods being sold online in China?

Effective anti-counterfeiting combines registered rights, platform-level takedown programs and administrative enforcement actions against manufacturers and sellers. Most platforms operate notice-and-takedown systems that require evidence of a Chinese registration, which is why the registration step comes first.

How do we protect trade secrets in China?

Trade secret protection depends on being able to show that reasonable steps were taken to keep the information secret. That means documented access controls, confidentiality and IP ownership clauses in employment contracts, and exit procedures for departing staff. Cases are strongest when the protections predate the departure.

Can we enforce IP rights through the courts?

Yes. China has dedicated intellectual property courts and tribunals in major jurisdictions, and both civil damages and injunctive relief are available. Administrative enforcement is often faster and cheaper for clear-cut infringement, while litigation suits cases where damages or precedent matter.

Need advice in this area?

Our team is ready to help. Reach out for an initial consultation.

Contact Us