by Silvia Capraro
For both Chinese and foreign companies, the cases provide an useful insight into how IP enforcement works in practice and where legal and commercial risks most often arise.
Administrative Enforcement: A Distinctive Feature of China’s IP System
Unlike some jurisdictions that rely primarily on civil litigation, China offers a dual-track system for IP protection:
Administrative enforcement led by market supervision authorities such as Market Supervision administration (MSA)
Civil litigation before courts
Criminal prosecution in serious cases, when the case meets particular requirements such as the number of goods sized during an administrative enforcement
About SAMR, the Authority and and its local branches play a central role in the administrative route. They can conduct inspections, seize infringing goods, impose fines, and transfer cases to police when criminal thresholds are met.
Key Enforcement Themes in 2025
What This Means for Businesses
For Brand Owners
Administrative enforcement remains a powerful tool. It can be faster and more cost-effective than civil litigation.
Providing detailed infringement clues helps. The importance for the right holders to carefully monitor the market
Cross-regional coordination is improving. Enforcement is no longer confined to one locality. The protection can be cross-regional.
Last, but absolutely not least, foreign companies should ensure that their trademarks are properly registered in China, as registration remains the foundation for enforcement.
For Manufacturers, Distributors, and Retailers
Due diligence is critical. Purchasing low-priced goods without verifying their source can result in legal implications.
Online sales are closely monitored. Multiple storefront strategies do not eliminate traceability of the source of the products.
Record-keeping matters. Inability to provide lawful source documentation often strengthens enforcement action.
Businesses operating in China should implement internal compliance procedures, including supplier verification and documentation retention to eliminate the risk of involvement with counterfeiting activities and nonetheless to be ready to face alleged claims from the authorities.