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Protecting Your Designs in China: Strategies for Preventing Copycats
As a start-up or entrepreneur in the intimate apparel industry, you may find Chinese manufacturers to be an excellent source for production due to their relatively high quality and affordable costs. However, one of the major challenges when dealing with Chinese manufacturers is their disregard for intellectual property rights, resulting in copycat styles that many brands must struggle with. To assist in minimizing the risk of having your designs copied, consider implementing the following strategies for preventing copycats:
- Supplier Selection:
To prevent dangerous situations, start at the sourcing stage by selecting suppliers who have a better understanding of and greater respect for your intellectual property rights. Consider working with foreign companies rather than Chinese companies if possible. And with large Chinese manufacturers that export most of their production rather than smaller, more domestic-oriented factories.
- Get Suppliers to Sign a Contract:
Instead of relying on non-disclosure agreements (NDAs), consult with China business law specialists who can draft a contract that addresses the real risks facing your brand. Have your Chinese supplier sign this contract before communicating any technical information.
- Register Your Intellectual Property Rights:
Consult a lawyer about the need to register your intellectual property (IP) in the form of trademark, patent, etc. It is quite common for a Chinese company to register a foreign company’s IP, so registering your IP can help prevent others from claiming ownership of it.
- Don’t Send Product Details to Many Companies:
Qualify one factory before communicating your product information. Check their references if possible, audit their production facilities, and check their design and engineering capabilities if you need custom development. Sending product information to multiple companies can lead to the development of copycat designs by competing manufacturers.
- Keep Your Supply Chain Disjointed:
Purchase components from several factories and keep the final operations separate from the rest of the steps. So that very few people can see the whole process. This can help prevent unauthorized access to your designs.
- The Special Case of Moulds and Customized Tooling:
If the manufacturer needs to create or buy customized tooling for your product, there is a risk that they may use the moulds to supply or become your competition. Implement tactics such as placing a mark on your moulds in Chinese to indicate your ownership. Also wrap the moulds between the production runs, or transferring the moulds to a separate place if you do not trust your supplier.
- Other Strategies to Reduce Risks:
- Make it difficult for one component supplier to manufacture the entire product to reduce the risk of copying.
- Depending on the type of intimates you are manufacturing, consider creative strategies such as controlling components or encrypting important information on technical files.
- Be cautious about showcasing your designs to everyone at trade shows. Consider strategies such as exhibiting in private showrooms or limiting the information shared with potential partners.
- Make Enforcement Easier:
Use smart labelling for traceability to make it easier to identify copies of your designs. Make sure you have evidence of infringement before attempting to enforce your IP rights, in case if required.
Protecting your intellectual property in China demands proactive measures at different stages of the sourcing and production process. Implementing these strategies can effectively mitigate the risk of copycats and safeguard your designs when manufacturing in China. Never hesitate to seek legal expertise and take appropriate precautions to safeguard your designs and business in China. Best of luck to your journey with manufacturing intimate apparel in China!