China has long been one of the world’s most active jurisdictions for intellectual property enforcement. Yet for many rights holders, a disconnect has persisted between administrative IP protection and customs enforcement at the border. A new cooperation framework between the China National Intellectual Property Administration (CNIPA) and the General Administration of Customs seeks to change that by creating a more integrated system to identify, assess and intercept infringing goods as they move through international trade channels.
The initiative, formalized in the Opinion on Strengthening Coordinated Intellectual Property Protection, issued on October 14, 2026, represents one of the most significant developments in China’s enforcement landscape this year. By establishing permanent mechanisms for information-sharing, technical cooperation and case coordination, the Opinion signals a shift from parallel enforcement structures towards a more unified approach to IP protection.
For rights holders, the importance of the move extends well beyond administrative efficiency. China remains a central hub in global manufacturing and export supply chains, giving customs authorities a uniquely influential role in combating counterfeit and infringing products. Effective border enforcement can prevent infringing goods from reaching overseas markets in the first place, often providing a more commercially effective remedy than downstream litigation.
Building a connected enforcement system
At the heart of the new framework is a comprehensive information-sharing arrangement between CNIPA and Customs.
Under the Opinion, CNIPA will regularly provide Customs with information relating to trademarks and patents, including records of well-known trademarks, invalidated or cancelled rights, and administrative rulings in significant patent infringement disputes. Customs, in turn, will share information regarding customs recordals and cases involving confiscation of goods. The agencies will also report their respective responses in trademark and patent administrative enforcement matters to improve consistency in infringement determinations.
While the concept may appear administrative, the practical implications are potentially substantial. Rights holders have historically encountered situations where information available to one authority was not readily accessible to another. This fragmentation could create enforcement gaps and inconsistent outcomes. The new framework is intended to reduce those risks by ensuring that customs officials and IP regulators operate with access to a common pool of relevant information.
The agreement therefore reflects a broader trend within China’s IP system: the drive towards coordinated enforcement rather than isolated administrative action.
A significant development for patent enforcement
One of the most noteworthy aspects of the Opinion is its focus on patent-related border enforcement.
Trademark enforcement at China’s borders is well established. Patent enforcement, by contrast, has traditionally presented greater challenges because infringement determinations frequently involve complex technical analysis. Customs officers are rarely equipped to undertake detailed patent assessments without specialist support.
The new framework attempts to address that problem directly. Under the cooperation mechanism, IP authorities may recommend technical investigators and experts to assist Customs in evaluating suspected patent infringement. Customs may also request professional opinions regarding technical issues, including whether imported or exported products infringe patent rights or whether goods and trademarks should be regarded as identical or similar. IP authorities are expected to respond promptly to such requests.
The result is a potentially more sophisticated border-enforcement regime, particularly for industries where patent protection is critical, including pharmaceuticals, advanced manufacturing, renewable energy and high technology.
The numbers behind China’s border-enforcement challenge
The scale of China's customs enforcement programme illustrates why closer coordination matters.
According to figures cited in the policy discussion, Chinese Customs seized 38,700 batches and 86.4 million items of suspected infringing goods during 2025. Customs authorities also received 35,220 customs-recordal applications and approved 27,553 applications, marking the first year in which annual filings exceeded the 30,000 threshold.
Those statistics demonstrate an enforcement system operating at considerable scale. However, they also reveal a significant disparity between trademark and patent enforcement. While Customs handled 38,400 batches of goods suspected of trademark infringement, only 15 batches involving 116,300 items suspected of patent infringement were seized.
The new cooperation framework appears specifically designed to reduce that gap by giving customs officials access to the expertise required to handle technically complex patent disputes.
A renewed focus on customs recordals
The Opinion also reinforces the growing strategic importance of customs recordals.
Chinese authorities are encouraging holders of well-known trademarks, collective marks and certification marks, including geographical indications, to record their rights with Customs. The guidance also highlights industries considered strategically important, including the photovoltaic sector.
For rights holders, this emphasis is significant. A customs recordal has long been regarded as an important defensive measure in China, but the new framework may increase its practical value by ensuring that recorded rights are more closely integrated into enforcement analysis and inter-agency decision-making.
As a result, companies that have not yet reviewed their customs-recordal strategies may wish to do so as enforcement coordination strengthens.
What it means for rights holders
Early industry reaction suggests that practitioners view the framework as a meaningful step forward.
Aaron Wininger, principal and director at Schwegman, Lundberg & Woessner, described the initiative as “a structured effort to reduce inconsistency between administrative infringement determinations and customs border-enforcement decisions.”
Meanwhile, PerspireIP noted that the framework increases the practical value of customs recordals and could make administrative patent rulings more consequential in border-enforcement decisions.
The consequences will not be limited to rights holders. Exporters are also likely to face greater scrutiny, particularly in sectors receiving heightened policy attention. Administrative findings made during IP proceedings may increasingly influence decisions taken at the border, creating a closer link between regulatory enforcement and customs controls.
From registration to real-world enforcement
The CNIPA-Customs alliance forms part of China’s broader effort to strengthen the practical effectiveness of its IP system. In recent years, policymakers have expanded specialist IP courts, increased damages awards and emphasized innovation-driven growth. The latest measures indicate a parallel focus on enforcement infrastructure and inter-agency coordination.
For businesses operating in or through China, the message is increasingly clear. Border enforcement is no longer a peripheral consideration within an IP strategy. As administrative enforcement and customs controls become more closely integrated, companies will need to view customs recordals, enforcement preparedness and supply-chain monitoring as core elements of IP risk management.
The new framework may not eliminate counterfeiting or infringement overnight. However, it represents a significant step towards a more coordinated enforcement regime, one in which customs authorities are positioned not merely as gatekeepers of trade, but as active participants in China’s evolving intellectual property ecosystem.
- Darren Barton
