China’s IP and Customs Authorities Strengthen Coordinated IP Protection
Published 16 October 2026
Yu Du
On 14 October 2026, the China National Intellectual Property Administration (“CNIPA”) and the General Administration of Customs of China (“GACC”) jointly published the Opinions on Strengthening Coordinated Intellectual Property Protection (the “Opinions”).
The Opinions aim to improve cooperation between IP authorities and Customs in sharing information, investigating infringement cases and enforcing IP rights, particularly in relation to imported and exported goods.
The key measures under the Opinions are summarised below.
1. Enhanced Information Sharing Between IP Authorities and Customs
The Opinions establish a long-term mechanism for information sharing between CNIPA and GACC, subject to data security requirements.
CNIPA will regularly provide GACC with trademark and patent information to facilitate Customs recordation of IP rights. It will also share information concerning well-known trademark recognition, revoked or invalidated trademarks, and administrative decisions in major patent infringement disputes.
In return, GACC will share information on trademarks and patents recorded with Customs, as well as relevant confiscation cases. The two authorities will also exchange administrative enforcement interpretations and responses to promote consistency in trademark and patent infringement assessments.
2. Closer Cooperation in Infringement Investigations
The Opinions strengthen mutual assistance between IP authorities and Customs in investigating suspected trademark and patent infringement involving imported or exported goods.
Where IP authorities investigate infringement cases involving cross-border goods, Customs will provide assistance upon request. Conversely, IP authorities will assist Customs in investigating detained goods suspected of infringement.
For technically complex patent disputes, IP authorities may recommend technical investigation officers or other specialists to assist Customs. Customs may also verify trademark registration information and status through CNIPA's official trademark registration certificate publication system.
3. Greater Consistency in Infringement Determinations
The Opinions seek to improve consistency in infringement assessments across administrative and Customs enforcement.
When investigating suspected trademark or patent infringement, Customs will take into account the infringement assessment standards developed by CNIPA, together with relevant administrative responses and decisions issued by IP authorities.
For complex issues, including the similarity of goods or trademarks and the assessment of patent infringement, Customs may seek professional opinions from IP authorities at the corresponding administrative level.
This mechanism is intended to provide stronger technical and legal support for Customs enforcement decisions.
4. Stronger Protection in Priority Sectors
The Opinions encourage IP owners in certain priority categories to record their rights with Customs, including owners of trademarks with well-known trademark recognition records, collective or certification trademarks registered as geographical indications, and IP owners in key industries such as photovoltaics.
Following approval of the relevant Customs recordation applications, Customs will strengthen protection based on national industrial policies and risk assessment results.
This measure highlights the importance of Customs recordation as a tool for protecting IP rights in international trade.
5. Improved Enforcement Coordination and Capacity Building
The Opinions call for regular consultations, joint research and exchanges between IP authorities and Customs, particularly in complex trademark and patent disputes and emerging areas of IP protection.
They also encourage the application of technologies such as artificial intelligence and big data to IP enforcement, alongside professional training, public awareness initiatives and periodic assessments of enforcement effectiveness.
Dedicated liaison mechanisms will be established to facilitate ongoing cooperation between the authorities at both central and local levels.
Comment
The Opinions represent a further step towards more coordinated IP enforcement in China, particularly at the intersection of domestic administrative protection and border enforcement. For IP owners, enhanced information sharing and closer cooperation between the authorities may improve the identification and investigation of infringing goods and facilitate more consistent enforcement outcomes. Businesses engaged in international trade should consider reviewing their trademark and patent portfolios, ensuring that relevant Customs recordations are in place and up to date, and preparing supporting evidence to enable timely responses to suspected infringement. For manufacturers, exporters and importers, closer coordination may also lead to more effective scrutiny of potentially infringing goods at the border. Businesses should therefore strengthen IP due diligence, review licensing and supply chain arrangements, and assess potential infringement risks before importing or exporting products.
The Opinions aim to improve cooperation between IP authorities and Customs in sharing information, investigating infringement cases and enforcing IP rights, particularly in relation to imported and exported goods.
The key measures under the Opinions are summarised below.
1. Enhanced Information Sharing Between IP Authorities and Customs
The Opinions establish a long-term mechanism for information sharing between CNIPA and GACC, subject to data security requirements.
CNIPA will regularly provide GACC with trademark and patent information to facilitate Customs recordation of IP rights. It will also share information concerning well-known trademark recognition, revoked or invalidated trademarks, and administrative decisions in major patent infringement disputes.
In return, GACC will share information on trademarks and patents recorded with Customs, as well as relevant confiscation cases. The two authorities will also exchange administrative enforcement interpretations and responses to promote consistency in trademark and patent infringement assessments.
2. Closer Cooperation in Infringement Investigations
The Opinions strengthen mutual assistance between IP authorities and Customs in investigating suspected trademark and patent infringement involving imported or exported goods.
Where IP authorities investigate infringement cases involving cross-border goods, Customs will provide assistance upon request. Conversely, IP authorities will assist Customs in investigating detained goods suspected of infringement.
For technically complex patent disputes, IP authorities may recommend technical investigation officers or other specialists to assist Customs. Customs may also verify trademark registration information and status through CNIPA's official trademark registration certificate publication system.
3. Greater Consistency in Infringement Determinations
The Opinions seek to improve consistency in infringement assessments across administrative and Customs enforcement.
When investigating suspected trademark or patent infringement, Customs will take into account the infringement assessment standards developed by CNIPA, together with relevant administrative responses and decisions issued by IP authorities.
For complex issues, including the similarity of goods or trademarks and the assessment of patent infringement, Customs may seek professional opinions from IP authorities at the corresponding administrative level.
This mechanism is intended to provide stronger technical and legal support for Customs enforcement decisions.
4. Stronger Protection in Priority Sectors
The Opinions encourage IP owners in certain priority categories to record their rights with Customs, including owners of trademarks with well-known trademark recognition records, collective or certification trademarks registered as geographical indications, and IP owners in key industries such as photovoltaics.
Following approval of the relevant Customs recordation applications, Customs will strengthen protection based on national industrial policies and risk assessment results.
This measure highlights the importance of Customs recordation as a tool for protecting IP rights in international trade.
5. Improved Enforcement Coordination and Capacity Building
The Opinions call for regular consultations, joint research and exchanges between IP authorities and Customs, particularly in complex trademark and patent disputes and emerging areas of IP protection.
They also encourage the application of technologies such as artificial intelligence and big data to IP enforcement, alongside professional training, public awareness initiatives and periodic assessments of enforcement effectiveness.
Dedicated liaison mechanisms will be established to facilitate ongoing cooperation between the authorities at both central and local levels.
Comment
The Opinions represent a further step towards more coordinated IP enforcement in China, particularly at the intersection of domestic administrative protection and border enforcement. For IP owners, enhanced information sharing and closer cooperation between the authorities may improve the identification and investigation of infringing goods and facilitate more consistent enforcement outcomes. Businesses engaged in international trade should consider reviewing their trademark and patent portfolios, ensuring that relevant Customs recordations are in place and up to date, and preparing supporting evidence to enable timely responses to suspected infringement. For manufacturers, exporters and importers, closer coordination may also lead to more effective scrutiny of potentially infringing goods at the border. Businesses should therefore strengthen IP due diligence, review licensing and supply chain arrangements, and assess potential infringement risks before importing or exporting products.