China has specialized legal provisions for intellectual property protection in the field of foreign trade, which are reflected in the "Foreign Trade Law of the People's Republic of China" (hereinafter referred to as the "Foreign Trade Law") and related supporting regulations, specifically covering the regulation of intellectual property abuse, investigation and rescue of foreign-related intellectual property infringement, and clarification of national countermeasures. The newly revised Foreign Trade Law on December 27, 2025 further improves the legal basis for intellectual property protection and trade facilitation, enhances China's institutional openness in the global trade system, strengthens its ability to respond to international intellectual property disputes and trade frictions, and builds a solid legal guarantee for dealing with complex international economic and trade environments and promoting high-level opening-up to the outside world.

In addition to this fundamental law, relevant legal provisions are also reflected in the "Provisions of the State Council on the Handling of Foreign Related Intellectual Property Disputes" (State Council Decree No. 801) signed and announced by Premier Li Qiang in March 2025. At the same time, some provisions of the Customs Law of the People's Republic of China and the Regulations on Customs Protection of Intellectual Property Rights of the People's Republic of China have also made corresponding provisions for the protection of intellectual property rights in foreign trade, jointly forming a relatively complete institutional system.

1、 The intellectual property protection provisions related to foreign trade in the Foreign Trade Law

Chapter 5 Intellectual Property Protection Related to Foreign Trade

Article 32
The state strengthens the protection of intellectual property rights related to foreign trade, and protects intellectual property rights related to foreign trade in accordance with relevant laws and administrative regulations on intellectual property rights.

If imported goods infringe intellectual property rights and endanger the order of foreign trade, the competent foreign trade department of the State Council may take measures to prohibit the import of relevant goods produced and sold by the infringer for a certain period of time.

Article 33
The country carries out international exchanges and cooperation on intellectual property rights related to foreign trade, actively promotes foreign negotiations on intellectual property rights related to foreign trade, establishes and improves overseas intellectual property warning and rights protection assistance information platforms, and enhances the compliance level and risk response capabilities of foreign trade operators in intellectual property rights.

Article 34
If the intellectual property rights holder prevents the licensee from questioning the validity of the intellectual property rights in the license contract, enforces a mandatory package license, stipulates exclusive conditions for re licensing in the license contract, and harms the fair competition order of foreign trade, the State Council may take necessary measures to eliminate the harm to the foreign trade competent department.

Article 35
If other countries or regions have not granted national treatment to individuals or organizations of the People's Republic of China in terms of intellectual property protection, or are unable to provide sufficient and effective intellectual property protection for goods, technology or services originating from the People's Republic of China, the competent foreign trade department of the State Council may take necessary measures for foreign trade with that country or region in accordance with the provisions of this Law and other relevant laws and administrative regulations, and in accordance with international treaties and agreements concluded or acceded to by the People's Republic of China.

2、 The intellectual property protection provisions related to foreign trade in the "Regulations of the State Council on the Handling of Foreign Related Intellectual Property Disputes"

Article 1
In order to strengthen intellectual property protection, optimize the business environment, promote Chinese citizens and organizations to handle foreign-related intellectual property disputes in accordance with the law, safeguard the legitimate rights and interests of Chinese citizens and organizations, promote high-level opening up to the outside world, and promote high-quality economic development, these regulations are formulated.

Article 2
The departments responsible for the management of intellectual property rights such as trademarks, patents, and copyrights under the State Council (hereinafter referred to as the intellectual property management departments) and the competent commerce departments shall strengthen guidance and services for Chinese citizens and organizations in handling foreign-related intellectual property disputes. Other relevant departments of the State Council shall carry out relevant work in accordance with their respective responsibilities.

Relevant departments of the State Council should strengthen information communication and work coordination, and jointly do a good job in handling foreign-related intellectual property disputes.

Article 3
Local people's governments at or above the county level and their relevant departments shall strengthen guidance and services for handling foreign-related intellectual property disputes among various entities in their respective regions based on the actual situation.

Article 4
The intellectual property management department and the competent commerce department of the State Council shall improve the public service system for intellectual property information in accordance with their respective responsibilities, timely collect and publish information on foreign intellectual property legal systems, and provide the public with foreign intellectual property information query services.

The judicial administrative department of the State Council shall establish and improve the database of foreign laws and regulations, regard foreign intellectual property laws and regulations as important content, and timely collect and publish relevant information.

Article 5
The intellectual property management department and the competent commerce department of the State Council shall, in accordance with their respective responsibilities, strengthen tracking and understanding of changes and key information in foreign intellectual property systems, conduct typical case analysis and research, timely issue risk warnings or early warning information, and provide the public with foreign-related intellectual property warnings.

Article 6
The intellectual property management department and the competent commerce department of the State Council shall, in accordance with their respective responsibilities, improve the guidance and work procedures for handling foreign-related intellectual property disputes, and provide strategic guidance and assistance for Chinese citizens and organizations in handling foreign-related intellectual property disputes.

Article 7
The state supports commercial mediation organizations and arbitration institutions to participate in the resolution of foreign-related intellectual property disputes, providing efficient and convenient ways for Chinese citizens and organizations to resolve foreign-related intellectual property disputes, and guiding Chinese citizens and organizations to quickly resolve foreign-related intellectual property disputes through settlement, mediation, arbitration, and other means.

The judicial administrative department of the State Council strengthens guidance for commercial mediation organizations and arbitration institutions to carry out mediation and arbitration of foreign-related intellectual property disputes.

Article 8
The state encourages law firms, intellectual property service agencies, and other organizations to improve their ability to provide foreign-related intellectual property services. By establishing branch offices, joint ventures, and other means, they can set up practice institutions abroad to provide high-quality and efficient foreign-related intellectual property and legal services to Chinese citizens and organizations.

The judicial administrative department and intellectual property management department of the State Council, together with relevant departments, shall take measures to create conditions for law firms and intellectual property service institutions to strengthen foreign-related intellectual property services.

Article 9
The state encourages insurance institutions to carry out insurance business related to foreign-related intellectual property rights in accordance with market-oriented principles, supports enterprises to establish mutual aid funds for foreign-related intellectual property rights protection, and reduces the cost of rights protection.

Article 10
The state encourages organizations such as chambers of commerce, industry associations, and cross-border e-commerce platforms to establish foreign-related intellectual property rights protection assistance platforms, open service hotlines, and provide public welfare services such as consultation and training.

Article 11
Enterprises should strengthen compliance management, establish and improve internal rules and regulations, enhance the reserve of intellectual property talents, and strengthen the protection and utilization of intellectual property rights; When entering foreign markets, one should actively understand the legal system and intellectual property protection status of the country or region where they are located, carry out production and business activities in accordance with the law, and actively safeguard their legitimate rights and interests.

The intellectual property management department of the State Council, in conjunction with relevant departments, focuses on the intellectual property protection needs of Chinese enterprises in foreign-related business activities, and conducts publicity and training for enterprises around key areas and key links of foreign-related intellectual property disputes, to enhance their awareness of foreign-related intellectual property protection and dispute resolution capabilities.

The judicial administrative department of the State Council strengthens the legal publicity related to intellectual property rights, comprehensively enhances the awareness of intellectual property protection and the ability of Chinese citizens and organizations to protect their rights in accordance with the law.

3、 Intellectual property protection provisions related to foreign trade in other laws and regulations

（1） Relevant provisions in the Customs Law of the People's Republic of China (2021 Amendment)

Article 44
Customs shall protect intellectual property rights related to inbound and outbound goods in accordance with laws and administrative regulations.

If it is necessary to declare the intellectual property status to the customs, the consignee and consignor of import and export goods and their agents shall truthfully declare the relevant intellectual property status to the customs in accordance with national regulations, and submit proof of legal use of the relevant intellectual property.

Article 91
Any import or export of goods that violate the intellectual property rights protected by the laws and administrative regulations of the People's Republic of China in violation of this law shall be confiscated by the customs in accordance with the law and fined; Those who commit crimes shall be held criminally responsible in accordance with the law.

（2） Relevant provisions in the Customs Protection Regulations of the People's Republic of China on Intellectual Property Rights (Revised in 2018)

Article 2
The customs protection of intellectual property rights referred to in these regulations refers to the protection implemented by the customs of trademark exclusive rights, copyrights, copyright related rights, and patent rights (hereinafter referred to as intellectual property rights) related to import and export goods and protected by the laws and administrative regulations of the People's Republic of China.

Article 3
The state prohibits the import and export of goods that infringe intellectual property rights.

The customs shall implement intellectual property protection in accordance with relevant laws and regulations, and exercise the relevant powers stipulated in the Customs Law of the People's Republic of China.

Article 4
If the intellectual property rights holder requests the customs to implement intellectual property protection, they shall apply to the customs for taking protective measures.

Article 5
The consignee or its agent of imported goods, and the shipper or its agent of exported goods shall truthfully declare the intellectual property status related to imported and exported goods to the customs in accordance with national regulations, and submit relevant supporting documents.

Article 7
Intellectual property rights holders may apply for filing of their intellectual property with the General Administration of Customs in accordance with the provisions of this Regulation; Those who apply for filing shall submit an application form. The application shall include the following contents:

（1） The name, place of registration, or nationality of the intellectual property rights holder;

（2） The name, content, and related information of intellectual property rights;

（3） The status of intellectual property licensing exercise;

（4） The name, place of origin, customs at the place of entry and exit, importers and exporters, main characteristics, price, etc. of the goods for which the intellectual property rights holder lawfully exercises intellectual property rights;

（5） Known manufacturers, importers and exporters, import and export customs, main features, prices, etc. of goods that infringe intellectual property rights.

If the application mentioned in the preceding paragraph contains supporting documents, the intellectual property rights holder shall attach the supporting documents.

Article 12
If the intellectual property rights holder discovers that the suspected infringing goods are about to be imported or exported, they may apply to the customs at the place where the goods are imported or exported to detain the suspected infringing goods.

Article 16
If the customs discovers suspected infringement of registered intellectual property rights in imported and exported goods, they shall immediately notify the intellectual property rights holder in writing. If the intellectual property rights holder submits an application in accordance with Article 13 of these Regulations and provides a guarantee in accordance with Article 14 of these Regulations within 3 working days from the date of notification, the customs shall detain the suspected infringing goods, notify the intellectual property rights holder in writing, and deliver the customs detention certificate to the consignee or shipper. If the intellectual property rights holder fails to submit an application or provide guarantee within the prescribed time, the customs shall not detain the goods.

Article 27
If the detained suspected infringing goods are found to have infringed intellectual property rights after investigation by the customs, they shall be confiscated by the customs.

After confiscating goods that infringe intellectual property rights, the customs shall notify the intellectual property rights holder in writing of the relevant information about the infringing goods.

Article 29
If importing or exporting goods that infringe intellectual property rights constitutes a crime, criminal responsibility shall be pursued in accordance with the law.