A Tactical Guide to Fighting Against Copycats on Chinese E-commerce

Last week just before the Christmas holidays a Norwegian SME client has discovered counterfeit replicas of their products being sold on Chinese websites. Given that the client is seeking a prompt, effective, and cost-efficient solution rather than incurring high legal fees, how can we best address and resolve this e-commerce infringement issue?

I. Protective Stronghold – Building the Client’s Legal Base

Before taking any action, it’s essential to build a strong legal base. Success in the competitive landscape of Chinese e-commerce depends on having the proper legal rights to operate. The intellectual property registrations serve as both the client’s authorization to conduct business and the client’s tools for enforcement.

1. The Cornerstone: The Client’s Chinese Trademark as Their Enforcement License

This is an indispensable first step. Without a Chinese trademark certificate, the client cannot submit complaints on major platforms—it acts as the client’s enforcement passport. It’s important for the client to approach this process comprehensively and strategically. The client shouldn’t limit themselves to registering their brand name in English; they should also secure its official Mandarin transliteration (for example, “Chanel” becomes “香奈儿”). Failing to do so may allow local entities to register the client’s brand name, potentially blocking their market entry or even leveraging it for financial gain. Additionally, the client should consider registering their logo, key product lines, and common misspellings to build a robust protective barrier around their brand.

Case Study: A famous Italian shoe brand faced challenges for several years when attempting to register their name in Chinese. During this time, a Chinese company secured the exact transliteration and started selling lower-quality shoes under that name. When the Italian brand eventually entered the Chinese market, they were confronted with a lawsuit from the trademark holder, leading to a prolonged and costly legal dispute to regain their brand identity. This situation is not uncommon; rather, it represents a foreseeable business risk that can be effectively prevented with proper measures.

2. Enhancing the Client’s Intellectual Property Toolkit: Copyrights and Design Patents

While the client’s trademark serves as their primary form of protection, other intellectual property rights play vital, specialized roles. Their distinctive textile patterns, graphic designs, and artistic works are automatically safeguarded by copyright. Nonetheless, registering these creations with the China National Copyright Administration is an affordable step that provides official proof of ownership, significantly streamlining enforcement efforts. For products featuring truly unique and original shapes—such as a signature handbag or piece of jewelry—a Design Patent offers robust protection against imitation products that may not use the client’s trademark but replicate their design.

II. Proactive Enforcement – The Ongoing Effort on Digital Platforms

Once the client’s IP rights are secured, the essential daily task of monitoring and addressing infringements on online platforms begins. This process requires persistence and attention to detail.

1. Perfecting the Platform Take-down Process

Each major e-commerce platform (including Taobao/Tmall, JD.com, Pinduoduo, and others) provides an online system for reporting counterfeit goods. However, the effectiveness of these reports can vary greatly. The key difference between a dismissed complaint and one that leads to a prompt removal is the quality of evidence provided. Platforms, whether through automated systems or human review, respond to clear and compelling proof. A vague claim such as “this is a fake bag” will likely be rejected. In contrast, a detailed complaint stating, “This product (URL: …) infringes on our registered Chinese trademark #XXXXX. As demonstrated in the attached side-by-side photos, the counterfeit item features inferior stitching, a lower-quality metal clasp, and a misspelled brand tag. This product is clearly inauthentic and deceives consumers,” is highly likely to succeed. The client’s objective is to make it as straightforward as possible for the platform to rule in their favor.

2. Key Components of an Effective Complaint

Include the exact URL of the product page that is infringing. Mention the client’s registered Chinese trademark number. Submit clear, annotated proof (such as photos or videos) that emphasize differences in quality, logos, and packaging. Stay persistent. This should be done regularly, ideally weekly or even daily. Infringers are persistent, so the client needs to be equally diligent.

III. Strategic Escalation – When Take-down Requests Are Insufficient

Some sellers are not merely opportunistic individuals; they operate as large, sophisticated entities that simply disregard take-down notices. These are professionals, and the client needs to approach them accordingly. This is the point at which the client moves beyond complaints to gathering evidence and pursuing serious legal action.

1. The Importance of Buy-and-Test with Notarization

This step is crucial for effective enforcement and represents the key difference between amateur and professional brand protection in China. Many persistent sellers ignore takedown requests because they know the brand owner lacks the evidence needed to take legal action. The “buy-and-test” method completely shifts this balance of power.

The procedure involves hiring a local investigation agency or lawyer to purchase counterfeit goods from the online seller. Importantly, a Chinese notary public officially certifies the entire process. They capture screenshots of the product page, document the online payment, and are present when the package is opened. The counterfeit item is then sealed in an evidence bag and a notarized certificate is issued. This turns a simple online purchase into indisputable, legally valid evidence. Without this, a seller can claim in court, “That’s not my product.” With it, the client has undeniable proof that this particular seller sold this specific counterfeit item. With the client’s notarized evidence, they have two powerful options, each serving a different strategic purpose.

2. Administrative Action (The Fast & Furious Option)

This is often the preferred first step. The client files a complaint with the local Administration for Market Regulation (AMR). The AMR has police-like powers to raid warehouses, seize goods, and impose fines. It is faster and cheaper than a lawsuit and can be incredibly effective at shutting down an operation.

3. Civil Litigation (The Decisive Final Battle)

This is more expensive and time-consuming but is reserved for the largest, most damaging infringers. A successful lawsuit can result in significant damages and creates a powerful public deterrent, signaling to the market that the client is serious about protecting their brand.

IV. The Strategic Roadmap

Priority 1: Protect the Client’s Intellectual Property. The client should promptly collaborate with a Chinese IP attorney to file trademark registrations in China for their brand name (both in English and Chinese), logo, and key product lines.

Priority 2: Establish a Monitoring System. The client should register on the intellectual property portals of major platforms and implement a weekly routine to monitor activity and submit takedown requests supported by strong evidence.

Priority 3: Target Key Offenders. The client should identify the top 5 to 10 most problematic sellers and initiate a “buy-and-test” procedure along with notarization for each case.

Priority 4: Take Strong Enforcement Actions. Using the collected evidence, the client should work closely with their attorney to pursue administrative measures against these sellers to maximize impact and serve as a deterrent.