· Awareness case
Patent Infringement in China and Protection Mechanisms · Yalla China
🤝 Governing law: قانون براءات الاختراع / Patent Law of China (2021 Amendment)
China's Patent Law (revised 2021) provides strong innovation protection, with judicial and administrative enforcement paths.
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
The Patent Law (revised 2021) includes significant improvements: (1) raising compensation caps to 5 million CNY for willful infringement; (2) ability to request evidence preservation through courts before filing suit; (3) ability to claim compensation based on the infringer's revenues. Enforcement paths: (a) Judicial: filing suit before specialized IP courts (Beijing, Shanghai, Guangzhou); (b) Administrative: filing a complaint with China National Intellectual Property Administration (CNIPA). Statute of limitations: 3 years from the date of knowledge of infringement. Foreign patents are not enforceable in China - the patent must be registered locally.
🎓 The lesson / takeaway
Register your patent in China independently even if registered in your home country. Do not wait for infringement to occur before protecting your innovation in the Chinese market.
🕒 Updated: 16 March 2026