With the rise of platforms like WeChat, Weibo, Douyin, and Xiaohongshu, Chinese social media has become a key avenue for brand promotion. However, these platforms are also hotspots for IP infringement, making robust trademark protection strategies essential for businesses.
China has made significant strides in strengthening IP protection, particularly through:
Trademark Law: Allows rights holders to pursue legal action for unauthorised trademark use.
E-Commerce Law: Obligates platforms to address IP violations and imposes penalties for non-compliance.
Despite these improvements, counterfeit sales and content plagiarism remain common on social media.
Common Forms of Trademark Abuse on Chinese Social Media
Type | Details |
Trademark Infringement | Use of unauthorised logos, brand names, or designs for promotions. |
Counterfeit Products | Selling fake luxury items, electronics, and fashion goods under legitimate brand names. |
False Advertising | Misleading consumers by associating counterfeit products with trusted brands. |
Social Media Platforms' Role in Addressing IP Violations
Platforms are implementing measures to combat IP abuse, including:
Action | Details |
Reporting Systems | Allows rights holders to report infringing content, leading to removal or account suspension. |
AI-Powered Detection | Platforms like Douyin use AI tools to detect counterfeit logos or unauthorised content. |
Verification Programmes | WeChat and others verify official accounts, enhancing trust and offering added protection. |
Enforcement Efforts by Chinese Authorities
Courts and administrative bodies are taking stricter actions against infringers:
Case Example 1: The LAFITE trademark case resulted in punitive damages for unauthorised use of the “Lafite Chateau” name.
Case Example 2: Platforms like Douyin faced legal consequences for failing to address IP violations effectively.
Steps for Trademark Protection in China
1. Register Your Trademark
Ensure trademarks are registered in China. Proof of ownership is required for:
Filing takedown requests.
Initiating legal or administrative action.
2. Monitor Platforms Regularly
Stay vigilant to detect and act against infringers:
Monitoring Method | Details |
Keyword and Trend Searches | Use social media search tools to find infringing posts. |
Look for Misspellings | Track variations of your brand name (e.g., subtle spelling changes). |
Follow Redirect Links | Identify sellers linking to platforms like Taobao or JD.com to uncover the scale of activity. |
3. Collect Evidence
Build a solid case by documenting:
Screenshots.
URLs.
Full product descriptions.
4. File Cease-and-Desist Letters
These can be effective but ensure evidence is collected beforehand, as infringers may hide their activities after being notified.
5. Educate Consumers
Use official accounts to:
Raise awareness about counterfeit goods.
Share tips for recognising authentic products.
6. Collaborate with Key Opinion Leaders (KOLs)
Partner with legitimate influencers to:
Promote authentic products.
Counteract counterfeit-related promotions.
7. Work with Chinese Authorities
Engage regulatory bodies like the State Administration for Market Regulation for enhanced enforcement.
While social media infringement is an ongoing challenge in China, it can be effectively managed through:
Proactive monitoring and legal enforcement.
Platform collaboration.
Consumer education.
As China’s legal framework evolves, businesses should anticipate stronger enforcement measures and more clarified responsibilities for platforms and content creators.
Woodburn Accountants & Advisors is one of China’s most trusted business setup advisory firms.
Woodburn Accountants & Advisors is specialized in inbound investment to China and Hong Kong. We focus on eliminating the complexities of corporate services and compliance administration. We help clients with services ranging from trademark registration and company incorporation to the full outsourcing solution for accounting, tax, and human resource services. Our advisory services can be tailor-made based on the companies’ objectives, goals and needs which vary depending on the stage they are at on their journey.
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