Practical Answer — Supplier Control
What Should I Do First If a Chinese Factory Copied My Product?
Last updated: June 2026
Start with documentation. What you can do depends entirely on what you have — product records, factory agreements, and IP registrations. Assess your position before taking any action.
In short
Start with documentation — not confrontation. Gather evidence of the copy and preserve all records that establish your original ownership, factory agreements, and IP registrations. What you can do next depends entirely on what documents and rights you have. Contacting the factory before assessing your position may be premature. The first step is always: document, assess, then act.
The Direct Answer
The first step is documentation and position assessment — not immediate action. Gather evidence of the copy, preserve your original product records and factory agreements, and assess what IP is registered before deciding on any next step. What options are available depends on the specific facts, what rights you have, and what agreements are in place.
Why the First Step Is Documentation, Not Confrontation
Discovering a copy is alarming — and the instinct to act immediately is understandable. But acting before assessing your position can create problems:
- Contacting the factory without understanding your document position may alert them to prepare a defense before you have established yours
- Sending a cease-and-desist letter before knowing what rights you have may result in a response that complicates later enforcement
- Posting publicly or sending formal notices before gathering evidence may reduce the element of surprise in any enforcement action
- Taking action before knowing whether the copy infringes any registered right may not produce any result — and may cost time and resources
What Evidence to Gather First
Evidence of the copy
Screenshots of platform listings showing the copy (with dates, URLs, seller names, pricing). Product images showing the copied design, branding, or packaging. Any product packaging, labels, or promotional materials. Dates of first sighting and how the copy was discovered.
Your original product records
Design files with creation dates. Development records, prototypes, and samples. Purchase orders and invoices for tooling, samples, and production. Correspondence records establishing your original product timeline. Any records that establish you created the product before the copy appeared.
Factory agreements
NNN agreement — check what it covers (non-disclosure, non-use, non-circumvention, IP filing restriction). Manufacturing or development agreement — check ownership, non-use, and non-competition terms. Tooling invoices, purchase orders, and any written communications with the factory about the product.
Your China IP registrations
China trademark registration certificates — brand name and logo. China patent registrations — design patents, utility models, invention patents. Copyright registrations if any. What is registered determines what enforcement options are most directly available.
What Your Document Position Determines
Once you have gathered the evidence and assessed your documents, the options available will depend on:
- Registered China trademark — enables brand-level enforcement, platform takedowns, and customs recordal
- Registered design patent or utility model — may support product-level enforcement against substantially similar copies
- NNN or manufacturing agreement with non-use clause — may support a contract breach claim if the copy appears to originate from your factory and is based on materials shared under the agreement
- Evidence connecting the copy to a specific factory — necessary for factory-level enforcement
- Platform presence — whether the copy is being sold on a platform with an enforcement mechanism (Amazon, AliExpress, Taobao, etc.)
A Supplier Control Review can help assess your current document and IP position, identify what options are available based on the specific facts, and advise on the most practical sequence of steps.
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Assess Your Position Before You Act
A Supplier Control Review assesses your factory agreements, IP registrations, and evidence position — and helps identify what options are available based on your specific situation.
Frequently Asked Questions
What is the most important first step when I discover my product has been copied?
Documentation. Before taking any action, gather and preserve all evidence of the copy and all records that establish your original ownership. This includes: the first evidence of the copy (platform listing, images, seller details, date); your original product records (design files, development records, purchase orders, dates); your China IP registrations, if any; and all agreements with the factory (NNN, manufacturing agreement, invoices, correspondence). What you can do depends entirely on what documents and rights you have.
Should I contact the factory directly if I think they copied me?
Not immediately — and not before assessing your document and IP position. Contacting the factory before understanding your position may alert them to adjust their approach or prepare a defense. The first step is to document the copy and review your own records. What action to take, and in what sequence, depends on the specific facts, your IP registrations, and your agreement terms.
Does having an NNN agreement help if the factory copied my product?
An NNN may be relevant depending on what the factory did and what the agreement says. If the NNN includes a non-use clause covering product designs and files, and the factory's copy appears to be based on materials you shared under the NNN, the agreement may be relevant to establishing a contractual breach. Proving the breach and enforcing the agreement are separate steps that depend on the specific facts and agreement terms.
What if I have no China trademark and the factory copied my brand?
Without a China trademark registration, your brand-level enforcement options in China are more limited. Options may include filing a trademark application now, pursuing a passing-off or unfair competition claim in appropriate circumstances, or relying on other registered rights if available. A trademark registration is the most practical foundation for brand protection in China — the absence of one significantly limits what can be done if the brand is copied.
Can I do a platform takedown if my product is being sold on Amazon or AliExpress?
Platform takedown notices are available on major platforms for trademark and copyright infringement. The strength and speed of a takedown depends on what registered IP you have and the specific platform's enforcement process. A registered China trademark or registered copyright can support a takedown request. Without registered rights, platform enforcement is generally harder and less reliable.
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