The situation: A foreign company believes its European or US patent protects it in China without the need for local registration.
Applicable law: China has signed the PCT Treaty and Madrid Protocol, allowing international applications covering China. However, protection in China always requires entering the Chinese national phase and local registration. The China National Intellectual Property Administration (CNIPA) is the sole competent authority. Registration periods: 20 years for patents, 10 years (renewable) for trademarks, copyright is immediate without registration but registration improves the position in disputes.
Typical outcome: Companies that ignore Chinese registration often find that local competitors are exploiting their inventions in a relatively legal way in China.
📑 Commercial cases · Awareness case
IP Registration in China — Why Foreign Registration Is Not Enough · Yalla China
🤝 Governing law: 专利法 / Patent Law 2021; 著作权法 / Copyright Law 2021
A foreign company holding a European-registered patent believes it is automatically protected in China. Is this correct?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: When planning to enter the Chinese market, register your trademark and patent in China as early as possible. The first-to-file rule is applied strictly.
🕒 Updated: 16 March 2026