The pivotal role of customs in IP rights enforcement and practical challenges

This is an Insight article, written by a selected contributor as part of WTR's co-published content. Read more on Insight

With the continuous facilitation of global trade, the transnational flow of infringing goods has intensified, posing a systematic threat to the intellectual property (IP) ecosystem and the economic order.

At the macro level, in 2024, Chinese customs implemented 53,200 IP protection actions nationwide, maintaining a high volume year-on-year. These actions covered the entire import–export chain, resulting in the detention of 41,600 batches totaling 81.61 million items suspected of infringement. Over 99 per cent of these detentions occurred at the export stage, while the volume of infringing imports decreased by 34.16 per cent year-on-year, indicating a continued decline in the inflow of infringing goods into the domestic market. Trademark infringement remained the dominant form, with increasing trends in patent and copyright violations.

In terms of enforcement channels, export remains the primary battlefield for customs IP protection. However, with the development of new internet-based business models, enforcement actions in areas such as market procurement and cross-border e-commerce have shown sustained growth over the years. In 2024, cross-border e-commerce channels accounted for 25,300 detained batches –making it the channel with the highest number of detentions for IP protection nationwide. Market procurement accounted for over 30 per cent, reflecting a shift of infringement activities toward fragmentation and digitalisation.

Such infringement activities cause systemic harm to the economy and society. First, economically, trademark-infringing goods alone accounted for 76.39 million items in 2024, squeezing out market share from legitimate products and causing financial losses for s. Second, culturally, such activities damage brand value–for instance, counterfeit refrigerators exported to Africa tarnished the reputation of ‘Made in China’. Copyright infringements increased by 393.61 per cent highlighting the growing threat of piracy to the cultural and creative industries. Third, at a societal level, hazardous goods infiltrate the market and threaten public safety. For example, ‘Operation Longteng’ resulted in the seizure of large quantities of consumer health-related goods such as food and personal care products. The export of patent-infringing photovoltaic products also undermines technological innovation and transformation momentum among domestic enterprises.

Customs plays a pivotal role in cutting off the supply chain of infringing goods, with over 98 per cent of infringing items intercepted at the export stage, effectively curbing reputational damage to ‘Made in China’ at the source. Typical cases include the seizure of infringing refrigerators and welding rods destined for Africa, which helped safeguard national credibility in China–Africa cooperation. Enforcement actions have also ensured innovation security and comprehensive protection. Throughout the year, services were extended to s in 58 countries and regions, facilitating the overseas expansion of ‘new three items’ (emerging exports) and creative IP. Meanwhile, customs maintained zero tolerance for health-endangering imports – Xiamen customs, for instance, intercepted 352,700 bags of counterfeit seasonings, blocking the flow of toxic and harmful commodities into the market. Additionally, Chinese customs has actively engaged in reshaping global governance systems, responding to the new globalisation landscape by researching the CPTPP’s IP border protection clauses and piloting related initiatives in the Shanghai Free Trade Zone.