Protecting Your IP in China: What a Recent Patent Win Teaches Us
If you’re operating in China, recent developments are good news. In one notable case, a Chinese company came out ahead, and the key takeaways apply broadly to anyone wanting to safeguard their IP in China.
Understand the Legal Landscape
In a high-profile case, Unitree Robotics prevailed over Hangzhou Luweimei Daily Chemical Co., Ltd. in a patent dispute in China’s Zhejiang Hangzhou Intermediate People’s Court. The court found no infringement, because the accused product lacked two core features claimed by the patent: “color-changing biomimetic fur,” and a “swinging tail” mechanism. chinaiptoday.com
What you should take from this: China’s courts are willing to closely analyse technical details. Infringement is not assumed just because your product is in the market.
Be Precise with Your IP Strategy
In the case, the plaintiff claimed the defendant’s product (the “G02” robot dog) infringed its patent (CN106384471) but couldn’t show that the key patented mechanisms were present in the defendant’s product. chinaiptoday.com
Tip: When you draft or review your patents for China, ensure the claims clearly delineate the features you care about. Later, if someone challenges you or you challenge someone else you’ll need to show those features (or their absence) clearly.
Actively Enforce, but Also Prepare for Defence
The case shows that enforcement is possible the plaintiff demanded injunctions, product destruction, compensation, public apology. chinaiptoday.com But it also shows that being on the defence side (i.e., being accused of infringement) requires having solid technical documentation and proof of non-infringement.
Strategy:
If you’re the IP owner: monitor the market, send notices, prepare for court.
If you’re the alleged infringer: document your product, its differences, and the prior art, so you can defend yourself.
Speed & Efficiency Are Improving in China
According to the article, the court resolved this case in about two months unusually fast for a patent litigation in China. chinaiptoday.com
Implication: Don’t expect long draw-out delays. Work with Chinese counsel to make filings, prepare evidence, engage early.
Business Timing Matters
For Unitree, winning this case mattered as it was preparing an IPO. The favourable ruling helps its commercial positioning. chinaiptoday.com
Take-away: Your IP strategy isn’t just legal it’s business. Whether you’re seeking investment, partnership, or entering China, IP clarity adds credibility.
Quick Checklist: Protecting IP in China
> File your IP rights in China early (patents, trademarks, designs) use local counsel.
> Craft your patent claims or design protections with clear boundaries: what is covered, what isn’t.
> Monitor for possible infringement, keep records of your R&D, manufacturing specs.
> If accused of infringing: gather evidence of how your product works, how it differs.
> Be ready for fast-moving litigation good technical proof helps.
> Align your IP strategy with your business goals (investment, market entry, export).
> Consider enforcement: cease threats, injunctions, compensation but also be prepared for defence.
Protecting your IP in China takes diligence: legal strategy + technical clarity + business alignment. That recent case is a helpful reminder that Chinese courts are capable of rigorous technical analysis so you need to match that readiness.