Advice and anecdotes on protecting IP in China

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Advice and anecdotes on protecting IP in China

At Managing IP’s International Patent Forum in London in March, panellists gave colourful examples of how foreign companies can go about protecting their IP in China



Think China, and IP protection is not the first thing that comes to mind. While China has historically had a bad reputation protecting IP, panellists at the International Patent Forum in London highlighted some of the improvements made in the country to ensure foreign companies get a fair deal.


Stephan Wolke, head of IP and services at industrial engineering company ThyssenKrupp in Essen, Germany, provided some rather comedic examples of how he went about fighting for his company’s rights.

In 2001, ThyssenKrupp delivered a product to the International Airport in San Francisco. The company did not think of filing a patent immediately and instead made the product and the operating manual available in public records in California. Several years later a Chinese company took the product, patented it in China, and then counter sued ThyssenKrupp for using its own product.

 “It wasn’t funny anymore”, said Wolke.

He then took the Chinese firm to court showing that the technology was public knowledge as clearly illustrated in the drawings and outline in the Californian manual. The case, which began in 2011 (10 years after the product was delivered), was finally decided in ThyssenKrupp’s favour in 2016. This highlights that with enough grit and determination, European companies can bring cases to court and get fair rulings if they show they have all their ducks in a row. 

Finally, Wolke noted that there are significant savings involved if the company is considered high-tech. “You have to have a certain amount of people in R&D and a certain amount of patents.” If a company is registered in China and has at least 10% of its personnel involved in technologically related activities, the company can receive a 15% corporate tax concession.

Also speaking in the session was Andy Bartlett, divisional director of patents at the UKIPO, spoke of the relatively short history of the IP framework in China. “China had no system at all in the early 1980s, including enforcement regime. So in that 35-year period they have introduced initial intellectual property laws.”

With China having a more robust IP enforcement system in place now, more companies are going to court to protect their assets. Domestic companies are using the system to sue each other for infringement, with foreign-brought cases representing just 1.5% of all cases, Bartlett said.

“With so few cases the courts have the incentive to get the rulings right,” said Bartlett. He added that where there is wilful infringement of IP, the damages can increase 500%.

The third speaker was David Lambourne, head of IP at UK-based Morgan Advanced Materials, a global manufacturer of specialist products. He began by advising those looking to protect their IP in China to get on a plane and meet with people. He said: “One of the most beneficial things is jumping on a plane and talking to the IP providers. Talk to government services, and most importantly, road test a hypothetical with them.”

The panellists concluded that China has made significant strides in IP protection over the last 35 years. Managing IP reported in 2017 that foreign-based companies had a win rate of 80% in patent litigation trials. While the judicial system in China may still be in a fledgling state, increased domestic demand for protection has driven the need for more improvements in the judicial system. While far from perfect, the system is much better than it was.

more from across site and SHARED ros bottom lb

More from across our site

The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Gift this article