Intellectual property is one of the major concerns of French companies considering China. Contrary to popular belief, the Chinese legal framework has been considerably strengthened in recent years — but its logic remains different from that of Europe and requires a specific strategy.

The “first-to-file” principle

The fundamental rule of Chinese intellectual property law is that it protects whoever files first, regardless of any prior use abroad. A trademark used for 20 years in France enjoys no automatic protection in China. If a third party files your trademark in China before you do, you will have to buy it back or fight it in court — a lengthy and costly undertaking.

Practical consequence: file your trademarks in China before entering the market commercially, ideally several months before your first contacts.

The types of protection

Trademarks — filed with the CNIPA (China National Intellectual Property Administration). Protection of 10 years, renewable. It is advisable to file the trademark in Latin characters AND in Chinese characters (phonetic transliteration or semantic translation).

Invention patents — protection of 20 years, substantive technical examination, time to obtain 2 to 4 years. Essential for core technologies.

Utility models — protection of 10 years, faster examination (6 to 12 months). Suited to incremental innovations.

Designs — protection of 15 years, fast formal examination. Important for industries where form is a competitive advantage.

Copyright — automatic, but an optional registration with the Copyright Protection Center strengthens evidence in the event of a dispute.

The Madrid Protocol: useful but insufficient

The Madrid Protocol allows a French trademark to be extended to China via an international filing. It is fast and economical for covering several jurisdictions simultaneously.

Important limitation: the procedure goes through WIPO and then the CNIPA. If the CNIPA raises an objection, a defense in Chinese remains essential. For strategic trademarks, a direct national filing in China, handled by a local agent, offers better control.

Contracts and NDAs adapted to Chinese law

A French NDA translated into Chinese is rarely enforceable in China. The clauses must be adapted to Chinese law — choice of jurisdiction, arbitration clause, definition of confidential information, penalties in RMB, duration.

Contracts with manufacturers, distributors and partners must incorporate from the outset: non-compete clauses, ownership of joint developments, return of molds and equipment, quality audits, unannounced inspections.

Monitoring and combating counterfeiting

Once protected, the trademark must be monitored. Several tools exist: CNIPA alerts on similar filings, monitoring of marketplaces (Tmall, JD, Alibaba), industrial surveillance agents for physical products.

In the event of counterfeiting, several avenues are available: administrative action (fast, inexpensive, limited damages), civil legal action (substantial damages possible since the 2021 reform), criminal action in serious cases.

Operational vigilance

Legal protection is only part of the work. Operational vigilance is just as essential:

  • Regular supplier audits (surprise visits, quality inspections)
  • Segmentation of the technical information transmitted
  • Compartmentalization of manufacturing (no single supplier has the entire product)
  • Monitoring of key employees (non-compete clauses, supervised transitions)
  • Physical presence on the ground at least once a quarter

In summary

Protecting your intellectual property in China rests on three pillars: anticipating filings, contracts adapted to local law, and continuous on-the-ground vigilance. The legal framework has solidified; what still makes the difference is the company’s method and the quality of its local roots. Double-Link supports French companies along these three axes, upstream and over the long term.