Intellectual Property Pre-Protection
Lock Your Brand, Design and Technical Achievements Before Cooperating with Chinese Side
Why Lock Your Rights Before Starting Cooperation?
Prevention Before Problems Occur
China implements "first-to-file principle". Once design drawings, trademarks or technical solutions are registered by the cooperating party first, you will lose rights and even face the risk of being counter-sued for infringement. Pre-protection is the lowest cost and most effective strategy.
Lock Cooperation Fruits
We help you clarify intellectual property ownership, scope of use and confidentiality obligations in contracts, orders and mold development agreements, preventing core assets from being "diverted" or "counterfeited" during cooperation.
Build Protection Line
Provide complete solutions for trademark, patent, and copyright registration in China, laying a solid legal foundation for your future product distribution and brand licensing.
Client Commitment
We commit to issuing an "Intellectual Property Risk Analysis and Protection Recommendation Memorandum" for you within 48 hours after evaluating your intellectual property situation.
Three Core Service Modules
Rights Confirmation & Layout
- China trademark registration strategy and application (including Saudi brand Chinese translation protection)
- Design patent, utility model patent consultation and application
- Copyright registration, especially product design drawings, packaging, software, etc.
- Madrid international trademark registration system extension protection consultation in China
Contract Risk Locking
- ODM/OEM contract intellectual property clause design (including mold ownership, design attribution)
- Non-disclosure agreement (NDA) drafting and review
- Technology license/transfer contract review, clarifying improvement technology attribution
- Trademark use specifications in exclusive agency/distribution agreements
Monitoring & Rights Protection Preparation
- Market infringement monitoring (online platforms + offline markets)
- Infringement warning analysis
- Sending warning letters, platform complaints, administrative investigations
- Customs intellectual property recordation and detention application
Representative Cases
Saudi Home Furnishing Brand ODM Project Design Drawing Attribution Dispute in China
Challenge:
Challenge: Saudi client commissioned a Chinese factory to produce furniture according to their design drawings, but did not agree on intellectual property ownership of the design drawings. After cooperation ended, the factory applied for design patents in its own name and complained that products sold by the client in Saudi Arabia infringed.
Strategy:
Strategy: We assisted the client in collecting evidence of email correspondence, design original drafts, sampling records, etc., proving the client was the original creator of the design and the factory was aware. At the same time, we submitted a patent invalidation request to the China National Intellectual Property Administration and sent a formal lawyer's letter to the factory.
Result:
Result: After the invalidation procedure was initiated, the factory proactively sought settlement and ultimately transferred the patent rights to the Saudi client free of charge and compensated part of the attorney fees.
Middle Eastern Food Company China Trademark Squatting Case
Challenge:
Challenge: Before the client's Middle Eastern brand entered the Chinese market, they found their English trademark had been squat by a Chinese trading company and was being used to sell similar but unknown source products.
Strategy:
Strategy: We recommended the client to immediately entrust us to submit a new application in China (adding graphic elements based on the original trademark), and simultaneously filed an invalidation application against the squat trademark, arguing bad faith and that the client's trademark already had certain influence in the Middle East.
Result:
Result: The squat trademark was successfully declared invalid, the client's new trademark was successfully registered, avoiding huge market losses from brand replacement.
Frequently Asked Questions
Q:I just let a Chinese factory produce according to my design drawings, will intellectual property automatically belong to me?
No. According to China's Copyright Law and Patent Law, without explicit contract agreement, intellectual property rights of design drawings and technical solutions commissioned to others may default to the creator (i.e., the factory). Therefore, ownership must be locked with clear clauses in ODM/OEM contracts.
Q:My brand is already registered in Saudi Arabia, do I still need to register in China?
Very necessary. Chinese trademark law implements 'territorial protection' and 'first-to-file' principles. Your Saudi trademark does not automatically receive protection in China. Once someone squats your brand in China, you will be unable to use the trademark in China and may even be accused of infringement. Early registration is the lowest cost risk prevention measure.
Q:How long does it take to apply for a Chinese trademark? When should I start applying?
Smooth trademark registration in China takes about 7-9 months. Considering search, application, examination, publication and other links, it is recommended to start immediately when you determine to enter the Chinese market or begin docking with Chinese factories. The earlier the better, no later than before disclosing brand name or design drawings to the Chinese side.
Q:In mold development, who should own the mold? How to write the contract?
Mold ownership is a core issue in ODM cooperation. We strongly recommend you clearly agree in the contract: (1) mold ownership belongs to you (Saudi client); (2) the factory only has usage rights, limited to producing products for you; (3) upon cooperation termination, the factory must return the mold within a limited period; (4) if the factory unauthorizedly replicates or modifies the mold, it must bear high liquidated damages.
Q:If I find a Chinese factory selling my designs to others, what can I do?
First check whether your cooperation contract has clear 'exclusive production' and 'confidentiality' clauses. If so, we can: (1) send a lawyer's letter requiring immediate cessation; (2) file a breach of contract lawsuit claiming losses; (3) if involving your patents or copyrights, simultaneously file an infringement lawsuit. Pre-contract locking is the foundation of rights protection.
Q:What's the use of China customs intellectual property recordation?
After recording your trademark or patent with customs networking, when customs finds suspected infringing goods during import/export, they will actively suspend release and notify you. This is a very efficient border protection measure, especially suitable for combating counterfeit goods export or import.
Choose Us to Build a Moat for Your Intangible Assets in China
Cross-Border Experience
Deeply understand common pain points and misunderstandings of Middle Eastern clients in intellectual property protection
Integrated Rights Confirmation & Protection
Not only help you apply for rights, but also provide monitoring, complaints, litigation and other full-chain protection
Contract Perspective
Embed intellectual property protection into every cooperation agreement, prevention before problems occur
Bilingual Team
Chinese (native) + English (working language), direct and efficient communication
Don't Let Your Brand and Innovation "Run Naked" in China
Contact us to get an "Risk Investigation List" for your intellectual property. It only takes 2 minutes to understand whether your core assets are already protected in China.
Disclaimer: The content on this page is for general informational purposes only and does not constitute formal legal advice.