On 15 September 2025, Shanghai’s revised Several Opinions on Intellectual Property Protection in E-Commerce will take effect until 2030, and guide e-commerce operators to swiftly handle disputes involving patents, trademarks, copyrights, and geographical indications.
Key provisions include:
• Right holders must submit detailed written notices to platforms to trigger takedowns (Art. 10).
• Sellers can respond with declarations and evidence of non-infringement (Art. 12).
• Platforms must be reasonable and prudent, and promptly take necessary measures upon receiving notices or counter-notices.
These obligations make it clear that businesses trading online in China will face closer scrutiny and faster enforcement of IP rights. But they also highlight something even more fundamental: companies can only benefit from these protections if their rights are formally secured in the first place.
Why Trademark Registration Is Now More Critical Than Ever
Trademarks are the cornerstone of brand protection in China, and registration is the only way to obtain enforceable rights. The country applies a strict “first-to-file” rule, which means that whoever registers first—not whoever uses first—owns the rights. Without registration, businesses risk losing control of their brand to competitors or opportunistic “trademark squatters,” often leading to expensive disputes or even forced rebranding.
The new Shanghai rules give platforms stronger incentives to act on infringement notices, but platforms can only act when a valid registration exists. For foreign companies, this makes early filing not just a legal safeguard but a practical necessity for doing business in China.
How the Process Works
Registering a trademark with the China National Intellectual Property Administration (CNIPA) involves several steps:
- Preliminary Search – Conducting a priority search helps identify potential conflicts and improves chances of approval.
- Application Filing – The mark is filed under the relevant class of goods or services.
- Examination and Publication – CNIPA examines the application, followed by a three-month opposition period.
- Registration – If no oppositions arise—or they are successfully resolved—the mark is registered.
The entire process typically takes 12 to 18 months, but rights are retroactive to the filing date. Compared with the risks of infringement disputes, lost sales, or reputational harm, the cost of registration is modest. It is a low-cost, high-value investment that secures long-term market access and protects commercial stability.
The Bottom Line
Shanghai’s new e-commerce IP rules are a reminder that China’s enforcement environment is tightening. But enforcement can only work in your favor if you have registered rights to enforce. For businesses entering or expanding in China, registering trademarks early—supported by a proper availability search—is the most effective way to safeguard brand value and prepare for growth in the world’s largest consumer market.
ICL Consulting offers end-to-end solutions to help right holders and brands protect their IP under these new rules and beyond:
- IP Search and Registration: We support companies in their IP priority search and assist in the whole IP registration process.
- IP Portfolio Audit & Gap Analysis: We review your registered IP assets in China and identify vulnerabilities in your e-commerce protection strategy.
- Custom “Notice” Templates: We prepare legally sound takedown notice templates in Chinese, fully compliant with Article 10 requirements.
- Evidence-Gathering Systems: We help you build internal protocols for collecting and preserving valid preliminary evidence—including screenshots, notarized purchases, and infringement comparisons.
- Enforcement Training: We train your e-commerce teams to submit effective takedown requests, respond to counter-notices under Article 12, handle complex cases involving utility models or design patents, etc.
These updated rules aren’t just a compliance challenge—they’re a chance to strengthen your market position and secure your brand. ICL Consulting may help you move from reactive enforcement to proactive IP protection and management.
