China links patent rulings to customs enforcement: solar disputes could disrupt global deliveries before goods leave port

Context:

• China is encouraging patentees to pursue infringement claims through administrative proceedings, as reflected in the China National Intellectual Property Administration (CNIPA)’s 2026 Working Scheme (April 28, 2026 ip fray article). This route has seen substantial use over the past two years, with nationwide administrative patent infringement caseloads exceeding 9,000 in both 2024 and 2025 (2024 CNIPA report and 2025 CNIPA statistics). As part of this push to encourage administrative patent enforcement, the CNIPA has clarified when injunctions can issue in standard-essential patent (SEP) disputes, applying courts’ fair, reasonable and non-discriminatory (FRAND) test (July 20, 2026 ip fray article).
• Patent litigation is becoming a recurring feature of Chinese manufacturers’ overseas expansion (September 28, 2026 ip fray article and March 13, 2026 ip fray article). Solar is a particularly contested field: manufacturing is concentrated in China, while suppliers compete for sales worldwide. Patent battles now span Chinese and overseas courts, with border measures putting shipments directly at risk. In Shoals v. Voltage, the U.S. International Trade Commission (ITC) ordered an import ban on certain infringing solar components (June 26, 2026 ip fray article). In China, Trina Solar sought detention of modules made by Canadian Solar’s Changshu affiliate at Shanghai Yangshan Customs in May 2024; Canadian Solar said the goods cleared after it requested release on noninfringement grounds (February 12, 2025 Canadian Solar disclosure; related U.S. litigation: April 21, 2026 ip fray article).