I worked forMOTORRAD magazinefor a while as a correspondent when I was living in England. Ever since, I have had a huge amount of respect for staff and management of this fortnightly publication, which claims the largest circulation of any motorcycle magazine in the world. I stand ready to be corrected by Indian or Chinese inmates! One reason for MOTORRAD’s success is the way they tackle difficult questions—as they havehere, with an inquiry into the legal side of Chinese motorcycle manufacturing.

You can see Google Translate’s version of ithere, but here is the gist of the write-up. They pulled no punches. “Why do the Chinese copy with impunity?” they asked. “Stealing and copying. Chinese motorcycle manufacturers like to help themselves to Japanese, European and American technology. How is this possible?”

Among the countless new motorcycles from Chinese manufacturers, the chances are good that you will find one or more features that have previously appeared on “premium” products from Japanese, American or European manufacturers. Styling, name, sometimes the logo, usually the engine and sometimes the frame and running gear from China resemble well-known models, often precisely. Why are manufacturers from China allowed to do this, MOTORRAD asked? Why do the established manufacturers allow this?

The most copied engine is Honda’s current 500 cc inline twin-cylinder CB engine. Honda began producing the engine with its 180-degree crankshaft in 2013. Since then, the shape of the cases as well as the clutch and crankshaft covers have been seen on many Chinese brands such as Voge and Brixton, and especially Loncin. Depending on the manufacturer, with the same performance or with different displacements. The basic design follows Honda’s in all variants. Interestingly, in MOTORRAD’s fuel consumption tests, the copies typically used up to 20 percent more fuel with much the same performance.

How, wondered MOTORRAD, can it be that the probably most successful motorcycle engine over 125cc can simply be copied? Did Honda allow this? Does Honda get any royalties?

Advice from the specialists of the German Patent and Trade Mark Office was simple. A reciprocating engine can in principle no longer be patented. Likewise, a specific bore-stroke ratio cannot be protected. Only a special, new technical solution like the shift cam technology from BMW can be secured as a patent. After 20 years the patent protection expires, and then anyone can use the invention.

Not that the Chinese factories are waiting the two decades. Chinese factory Moxiao “cheekily” in MOTORRAD’s word, came up with the 500 RR as a Panigale 959 imitation in 2021 as well as the MX Ducati V4 clones and the new MX500-7D as a BMW GS clone. Clearly inspired by the current BMW R 1250 GS, it features a front end for which “a spare part number from BMW can certainly be found” according to MOTORRAD. “Also very GS-like are the tank line and the lush aluminum carriers for cases and top cases… and they even offer a little more GS style with the single-sided swingarm”.

There is another reason beside the simple theft of technology and cosmetics. “It is considered desirable in Chinese culture to come as close as possible to the original with a copy,” according to MOTORRAD.

A new design for a motorcycle can in principle be registered for protection, but it must not already exist in one way or another. And it must – like a patent – have individual character, a unique selling point. The overall impression of the design must differ from the existing design. However, delineating when a new design infringes a protected design is difficult and can take a long, as I explained on this site in the case ofPiaggio vs. German scooter manufacturer Kumpan. Piaggio lost that one, despite throwing all its legal expertise at it. And anyway, the maximum time protection lasts is 25 years.

Brand logos such as the BMW circle, the Honda winged H or Yamaha’s tuning forks are another matter. Trademarks, symbols and model names come under trademark protection must be clearly distinguishable, so there is not much room to copy: Use of a logo that looks similar to the BMW propeller can be pursued in the courts by BMW.

商标享有10年,可以保护be extended at will. However, if the trademark becomes synonymous with an entire product group, trademark protection may fall under certain circumstances. Walkman is one example or, at BMW Motorrad, the GS brand. In February 2023, Vinto Motor’s GS 525 appeared in China. It is an “enduro” (German word for adventure bike) called GS and therefore cannot be exported to Western countries without raising BMW’s wrath.

MOTORRAD lists what it considers the five most brazen Chinese copies in recent years of models or brands from well-known manufacturers:

5th: Kove showed a 500cc Enduro in 2022. The engine is the cloned Honda twin, visually Kove mixes the Honda CB500X and the BMW F 850 GS.

4th: Goes to the manufacturer Moxiao,which is producing numerous clones of Ducatis and BMWs in China.

3rd: Goes to Moto, who cloned the design of the current BMW S 1000 R and, unwisely, the BMW logo. BMW Motorrad took legal action against the copied badge.

2nd: Is Shineray, owner and manufacturer of SWM models, with the Custom V 1200 Stormbreaker. This is effectively identical to the recently discontinued Harley-Davidson Sportster 1200. The engine is identical, the styling is very close. You have to wonder if Harley parts would fit this SWM.

1st place: BMW partner Loncin which, with its brand Voge adopted the technology of the current BMW F 850 GS and BMW F 900 while slightly restyling the bodywork. Consider that Loncin builds precisely these engines for BMW. “There is certainly rumbling at the highest level,” speculates MOTORRAD. But is there?

To sum up, from the German and wider European patent law point of view, a manufacturer cannot protect a normal engine. Protecting a design is possible, but enforcement is difficult and can take years. Manufacturers are in the best position against Chinese plagiarists when they adapt or use an original logo, protected as a trademark. That makes it clear why the 500 cc Honda engine is copied so often.

Imitation, they say, is the sincerest form of flattery. How sincere do you think the Chinese manufacturers are?