Yongping County has issued an overseas intellectual property risk warning to all foreign trade export enterprises.

Against the backdrop of global economic integration, intellectual property serves as a key factor in measuring a nation's international competitiveness, and enterprises going global also face numerous intellectual property risks. Once an overseas intellectual property dispute arises, it directly threatens the survival and development of enterprises in overseas markets and generates high costs for rights protection. In order to prevent overseas intellectual property risks and help foreign-related enterprises in the county steadily expand into international markets, the Yongping County Market Supervision Administration has issued a risk warning, reminding enterprises to pay attention to the following matters:

First, conduct research and assessment of the intellectual property environment in target markets. Before exporting, enterprises should fully understand the intellectual property legal systems, infringement determination standards, judicial and customs enforcement rules of destination countries (regions), track local policy developments, assess potential risks such as competitors' patent layouts and patent ambushes, and ensure they are informed of country-specific compliance requirements in advance.

Second, adhere to the principle of layout before going global. Enterprises should conduct analysis and evaluation of overseas intellectual property layout for products to be exported, follow the principle of "intellectual property first, market second," prioritize the layout of patents and trademarks in target markets, properly retain ownership proof materials, and consolidate the foundation of their independent intellectual property rights.

Third, implement pre-export FTO freedom-to-operate analysis. Enterprises should entrust professional institutions to carry out infringement risk investigations and compare whether product technical solutions fall within the scope of local valid patent protection. If infringement risks are identified through assessment, timely design-around solutions or patent licensing negotiations should be conducted; simultaneously, defense evidence should be prepared; if products have already been exported and are suspected of infringement, materials should be promptly organized, litigation response plans should be formulated, and foreign-related disputes should be actively addressed.

Fourth, establish intellectual property risk contingency plans. Enterprises should develop differentiated going-global strategies based on export countries and product types, improve internal risk management and control systems, clarify emergency response procedures for situations such as receiving overseas infringement warning letters, platform complaints, and judicial summonses, and enterprises with the capacity may reduce rights protection costs and share litigation risks through overseas intellectual property insurance.

At the same time, the Yongping County Market Supervision Administration suggests that foreign-related enterprises do the following work well in terms of intellectual property:

1. Scientifically plan international trademarks. Domestic trademarks do not have extraterritorial effect, and enterprises going global should plan international trademark registration in advance, which can be achieved through three approaches: single-country registration, regional organization registration, and Madrid international trademark registration. Applying for Madrid international trademark registration must be premised on a domestic basic trademark (an accepted application or an approved registered trademark), and the international registration is bound by the basic trademark within five years of taking effect; most countries have a system for revoking trademarks not used for three consecutive years (commonly known as "revocation for non-use"), and after registration, authentic evidence of trademark use should be properly retained.

2. Prudently conduct OEM labeling and processing. When undertaking overseas OEM orders, enterprises must verify the commissioning party's intellectual property ownership proof and clearly stipulate the division of intellectual property infringement liability in contracts, avoiding joint liability for infringing others' intellectual property rights due to OEM production.

3. Strengthen protection across the entire R&D chain. Conduct prior art search and analysis before project initiation; strengthen trade secret management and control during the R&D stage, restrict unauthorized photography and videography, and sign confidentiality agreements for external cooperation; after R&D is completed, comprehensively use patents, trademarks, copyrights, and other methods to achieve all-round protection.

If enterprises have demands for overseas intellectual property risk prevention, they may contact the Yongping County Market Supervision Administration at telephone number: 0872-6520117.

Yongping County Market Supervision Administration

October 9, 2026

Source: Yongping County Market Supervision Administration