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Legal Guide · October 2026

How to Protect Your Packaging Design When
Sourcing from China

By Loci Glass Editorial October 3, 2026 6 min read

Three layers protect your packaging IP when working with a Chinese factory: NDA before file sharing, mold ownership in writing before tooling, and design registration if your shape is unique. None of these is difficult or expensive — a reputable factory will accept all three without hesitation.

In this article
  1. The Real Risk — and What It Is Not
  2. Layer 1 — NDA Before File Sharing
  3. Layer 2 — Mold Ownership in Writing
  4. Layer 3 — Design Registration in China
  5. Practical Steps Before Your First OEM Order
  6. What Reputable Factories Do Automatically
  7. FAQ

The Real Risk — and What It Is Not

Most brands entering China sourcing worry about factories copying their design and selling it to competitors. This risk is real but often overstated. The more common problem is unintentional IP leakage: your design files shared casually, your mold used by a factory for a second client without your knowledge, or your brand concept discussed with a competitor visiting the same factory.

Proper IP protection is mostly about being deliberate and putting things in writing — not about complex legal structures or expensive lawyers.


Layer 1 — NDA Before File Sharing

Never share design files, LOGO artwork, or product concepts before the NDA is signed. This is not paranoia — it is standard commercial practice that every reputable factory expects. A simple 1–2 page NDA covering:

At Loci Glass, we sign NDAs before reviewing any design files — this is standard practice, not an unusual request. If a factory refuses or delays NDA signing, treat this as a serious warning sign.


Layer 2 — Mold Ownership in Writing

For OEM orders (private mold, 30,000 pcs MOQ), the mold ownership clause is the most important contractual protection you have. The purchase contract should explicitly state:

This clause should appear in both English and Chinese in the purchase contract. Both parties should sign.


Layer 3 — Design Registration in China

If your bottle shape is distinctive and represents a brand asset, registering a Chinese design patent (外观设计专利) is worth the investment. Application is filed with CNIPA (China National Intellectual Property Administration) and costs $300–600 in filing fees plus agent fees if you use a Chinese IP agent. Protection lasts 15 years and prevents any factory from producing or selling the same shape to other clients in China.

For ODM orders (existing mold), design registration on the bottle shape is not possible since the shape already exists. But you can register your LOGO, brand name (in Chinese characters as well as Latin script), and any unique decoration pattern you develop.


Practical Steps Before Your First OEM Order

  1. Send the NDA to the factory for signature before any file transfer. Use your own NDA or ask for theirs — review before signing.
  2. Include mold ownership clause in the purchase order or manufacturing agreement.
  3. Pay for the mold as a separate line item with a specific receipt — this creates the clearest paper trail for ownership.
  4. Request a photo of your mold with a serial number after fabrication is complete.
  5. Consult a Chinese IP agent about design patent registration if the shape is distinctive (budget $800–1,500 total including agent fees).

What Reputable Factories Do Automatically

A factory with an established export track record will: sign your NDA promptly, include a mold ownership clause in their standard purchase agreement, keep a mold inventory with client assignments, and not disclose client names or designs to visitors. These are not extras you are demanding — they are baseline professional practices. If a factory pushes back on any of them, that tells you something important about how they operate.


Frequently asked questions

How do I protect my glass bottle design when working with a Chinese factory?

Three layers of protection: (1) NDA (non-disclosure agreement) signed before sharing any design files — this is standard practice and reputable factories sign immediately. (2) Mold ownership clause in the purchase contract — your private mold belongs to you and cannot be used for other clients. (3) Design registration in China (外观设计专利) if your bottle shape is unique — costs approximately $300–600 and provides 15 years of protection.

Does a Chinese NDA actually provide protection?

A properly drafted NDA between a foreign brand and a Chinese factory is enforceable in Chinese courts under contract law. China is a signatory to major international IP treaties. Practical enforceability depends on having the correct company name, a specific description of the confidential information, and a Chinese-language version. However, NDAs are primarily a deterrent and a professional signal — the best protection is choosing a reputable factory with a track record.

What is a mold ownership clause and why does it matter?

When you commission an OEM private mold (30,000 pcs MOQ), the physical steel mold is machined at the factory. Without a written ownership clause, the factory may claim the mold and use it for other clients once you stop ordering. A mold ownership clause (written in both English and Chinese) states that you paid for the mold, you own it, and it cannot be used for any other client without your written consent.

Can I register my glass bottle design as a patent in China?

Yes — Chinese design patent (外观设计专利) protects the unique appearance of a product, including the shape of a glass bottle. Application is filed with CNIPA (China National Intellectual Property Administration), costs approximately $300–600 in filing fees, and grants 15 years of protection. For indie brands with a distinctive bottle shape, this is worth pursuing before placing an OEM order. Registration typically takes 6–12 months.

What information should I NOT share until the NDA is signed?

Do not share: your bottle design drawings or 3D files, your brand name or LOGO if not yet registered, your formula or product concept, your target market or customer list, or your planned retail pricing. A reputable factory will not ask for any of this before signing the NDA. Share only the general product category (e.g. 30ml dropper bottle) and approximate quantity to get an initial quote.

Request a quote from Loci Glass

Stock-mold MOQ 3,000 pcs. 11 categories. All 6 decoration processes in-house. Reply within 1 business day.

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About Loci Glass

Jiangxi Loci Glass Packaging Co., Ltd. (Brand: Loci Glass) is a factory-direct cosmetic glass packaging manufacturer based in Pingxiang, Jiangxi, China. We produce glass bottles for nail polish, perfume, serum, essential oil, lotion, reed diffuser, car fragrance, foundation, and ceramic categories — 11 product categories from one production facility.

MOQ from 3,000 pieces per style for stock-mold orders with custom decoration. All six decoration processes in-house. OEM and ODM available with client mold ownership in writing. NDA signed before any design review. Reply within 1 business day.

Website: www.locipack.com · Contact: aah@locipack.com · WhatsApp: +86 132 6399 5598