Intellectual Property
Partner-led Chinese IP lawyers working from Shanghai and London, helping international businesses register, defend and enforce their trademarks, copyright and patents in China.
China operates a first-to-file trademark system: with limited exceptions, rights belong to whoever files first, not whoever used the mark first. Foreign brands that delay registration — or register only the Latin-script mark and neglect a Chinese-character version — routinely find their name already taken when they enter the market. Filing early, in the right classes and in the Chinese characters your customers will actually use, is one of the most cost-effective protective steps available.
Where a mark has already been taken by a squatter, Chinese law provides remedies: opposition during publication, invalidation of bad-faith registrations and, where commercially sensible, a negotiated buy-back. Against counterfeiting, enforcement runs through several channels — customs recordation to seize goods at the border, administrative complaints to the local Administration for Market Regulation, takedown complaints on Alibaba, Taobao and JD, and civil claims before China's specialised IP courts and tribunals, where punitive damages are available for wilful and serious infringement under the Civil Code.
Eugen Law Firm advises international businesses on Chinese IP strategy and enforcement from Shanghai, with a London office at 85 Great Portland Street for UK and European clients. The work is partner-led and prepared with the thoroughness litigation demands. Where a dispute before the English courts turns on questions of Chinese IP or contract law, we also act as Chinese law expert witnesses.
Clearance searches, applications via national filing or Madrid designation, class selection under China's sub-class system, and Chinese-character marks chosen so that distributors and consumers use a name you actually own.
Where a squatter has filed first, we assess opposition during publication, invalidation on bad-faith grounds and negotiated assignment or buy-back, advising frankly on which route offers a realistic prospect in your case.
Voluntary copyright and software recordal to create the ownership evidence Chinese platforms, customs and courts expect, plus practical guidance on invention, utility model and design patent protection with trusted patent agencies.
Recording trademarks with the General Administration of Customs so Chinese customs can detain suspected counterfeit shipments, then handling notifications, bonds and follow-up enforcement when goods are stopped.
Complaints to the local Administration for Market Regulation seeking raids and fines, and civil claims before China's specialised IP courts and tribunals for injunctions and damages — including punitive damages for wilful and serious infringement under the Civil Code.
Structured takedown complaints through the Alibaba, Taobao and JD IP protection platforms, escalation against repeat infringers, and ongoing monitoring so that removed listings do not quietly return.
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Send us your marks, products and any evidence of squatting or counterfeiting; we respond within one business day with a preliminary view and the information we need.
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We run clearance and register searches, review the other side's filings and, where enforcement is in view, arrange notarised evidence purchases — then recommend the route with a realistic prospect.
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We file applications, oppositions or invalidations, record rights with customs, and lodge platform complaints, AMR complaints or court proceedings, with fees agreed in advance.
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We follow each matter through — seizures, settlements, judgments and takedowns — and keep watch for new filings and listings so that problems are caught early.
Yes — UK and EU registrations give you no rights in mainland China, which runs a separate, first-to-file system. Whoever files first in China generally owns the mark there, regardless of your use elsewhere. An international (Madrid) designation or a direct national filing is needed, and a Chinese-character version should usually be filed alongside the Latin-script mark.
You can oppose the mark during its publication period, apply to invalidate a bad-faith registration, or negotiate a buy-back. Chinese trademark law allows bad-faith filings made without intent to use to be refused or invalidated, and prior-use and well-known-mark arguments may assist. The realistic prospects of each route depend on the evidence and must be assessed case by case.
The main tools are customs IP recordation, administrative complaints and civil litigation. Recording your trademark with the General Administration of Customs lets Chinese customs detain suspected counterfeit shipments at the border. Local Administrations for Market Regulation can raid and fine infringers, and civil claims before the specialised IP courts and tribunals can secure injunctions and damages — including punitive damages for wilful and serious infringement under the Civil Code.
Each platform operates a formal IP complaint system through which rights holders can have infringing listings taken down. You submit proof of your Chinese trademark or copyright registration together with evidence of infringement; repeat infringers can have their shops penalised or closed. Takedowns work best alongside registered Chinese rights — unregistered foreign rights are far harder to enforce online.
Yes — Chinese courts award damages based on the rights holder's loss, the infringer's profit, a reasonable licence multiple or statutory damages, and the Civil Code (in force since 1 January 2021) permits punitive damages for wilful, serious infringement. Claims are generally subject to the three-year limitation period under Article 188 of the Civil Code, so evidence should be preserved and action taken promptly. Recoverable amounts vary case by case.
Yes, voluntary recordal is strongly advisable in practice. Although copyright arises without registration, a recordal certificate from the Copyright Protection Centre of China is the standard evidence of ownership that platforms, customs, administrative authorities and courts expect to see, and it makes takedowns and enforcement considerably faster. Software recordal serves the same practical role for code.
Describe the background and what you want to achieve. We will assess the position under Chinese law and reply within one business day.
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