Filing IP Customs recordals in China can be a useful tool for companies to protect their intellectual property from counterfeiting. However, it can be difficult to predict the practical benefit and enforcement value of Customs patent protection.
According to China Customs’ statistics released in April 2022, more than 94% seizures were based on trade mark recordals and only around 4.3% seizures were based on patent rights. Even with Customs recordals in place, the likelihood of Chinese Customs intercepting patent infringing shipments and stopping them at the border is low. However, it is important to understand how the local Customs offices have the capability to enforce patent rights and the steps involved to ensure that any Customs regime is effective. Read more