Scroll down to read our advice on how to deal with threats to intellectual property in China and what to do if you discover a trademark infringement on websites such as Alibaba.com.

Several UKFT members have found that parts or all their collections have been copied by vendors for sale in China, on the website Alibaba.com. In some cases, the original UK model photography has been copied, breaching the UK companies’ trademarks and copyrights.

UKFT has been in touch with the British Embassy in China on several active cases. In the meantime, we advise companies to remain vigilant to the threats to their intellectual property in China and beyond.

Recommendations:

• Register your trademarks in China before someone else does, as trademark squatting is still rife in China. Once you have protected your trademark in China, you will need to demonstrate that you have actively promoted goods under the trademark within a 3-year period to prevent anyone else trying to assert ownership over it. This is especially important if you manufacture in China or promote your collections online or at international trade events or fashion weeks.
• Remain vigilant about how your trademark and IP are being used in China and other countries. Regularly check key websites including Alibaba, Tmall, Weibo, Yandex and even Amazon, to identify whether your trademark is being used by others without your expressed permission. Although you can do your research in English, you may also want to search in Chinese (Pinyin) if you have registered with or used these marks.
• If you discover an infringement on Alibaba.com, check Alibaba’s IP portal first. You will need to register an account and wait until it is activated (which may take a few days). You can then upload evidence of your IP ownership and file a complaint based on the uploaded IP documents (trademark, proof of copyright, etc.).
• If a particular infringement does not use your trademark, you may make a complaint based on your copyright (e.g., the design or print of your garments if they are protected or your photography and any images stolen from your website). Breaches of copyright are difficult to enforce, but it is always worth going through the formal complaint process and, if a company has used your photographs without your permission, this may lead to an easier and speedier take down.

 Click on the link below for more information on Alibaba’s IP protection platform:

Alibaba Group – Intellectual Property Protection Platform

If this fails in getting the pirates taken down, UKFT members can inform paul.alger@ukft.org, who will connect you with the Embassy team who may be able to help. UKFT can also connect members with the teams at SIPS Asia, Keltie and Fox Williams if you need legal support. Not yet a member?

Join UKFT