On July 19, 2021, the General Administration of Chinese Customs announced 11 typical cases of intellectual property infringement where they could seize the counterfeit goods. The cases included both domestic and foreign brands as well as products bearing Olympic brands. The counterfeit goods included counterfeit Hugo Boss clothing; counterfeit cosmetics L’Oréal, DIOR, Maybelline, MAC, Huda and St. Ives; and counterfeit Disney stickers, among others.
Case concerning the violation of the exclusive right to use the trademark “Lao Gan Ma + Head Portrait” found by Ningbo Customs in the export and freight channel. During the inspection, customs officials found 5,788 containers of food, including beverages, soy sauce and instant noodles bearing the “Lao Gan Ma” trademark declared for export by a company. Customs officers carried out a full inspection of the circumstances and the packaging of the goods to determine the alleged violation. Guiyang Nanming Lao Gan Ma Flavor Food Co., Ltd., the rights holder, was contacted and confirmed that the seized products were infringing.
Case concerning counterfeit clothing seized by Ningbo Customs Import Freight Channel. The General Customs Administration seized 26,297 items of clothing infringing the exclusive right to use the trademarks of several well-known brands, including “HUGO BOSS”, with a total value of approximately RMB 800,000. Upon inspection, customs officials found that a consignment of clothing imported by a company had its tags cut off potentially as a new method of concealing infringement. Customs immediately initiated a voluntary protection procedure, and after confirmation from the right holder, all of the clothing was found to be counterfeit. The case is currently under further investigation.
Case concerning suspected counterfeit bearings found by the Ningbo Customs Export Freight Transport Channel. Upon inspection, customs officials found that a company declared a batch of polyester canvas, bearings and other goods to customs. The container had a lot of bearings packed in poorly made, blue cartons, and the “HCH” mark is clearly printed on all 200,000 cartons. Inspectors immediately concluded that the alleged violation was serious. After confirmation from the contact right holder, Huanchi Bearing Group Co., Ltd., all products were determined to be counterfeit products. At present, Ningbo Customs has imposed an administrative penalty of confiscation and fine.
Case concerning counterfeit cosmetic products found by Ningbo Customs through the export and transportation of goods. The General Customs Administration seized 53,300 lip glosses, 3,600 mascaras, 288 make-up primers, 1,080 powder solutions and other counterfeit cosmetics under the brand “HUDA BEAUTY”, “MAC”, “ST. IVES “” L’OREAL “” Maybelline “and” DIOR “. Customs officers discovered that goods labeled as” plastic brush “actually contained many brands of cosmetics upon inspection. After inspection of goods, which were unpacked and emptied into a trunk, customs officials made a full judgment that there was an alleged infringement. Upon contact with the owner of the intellectual property right, the counterfeit goods were confirmed as counterfeit. At present, Ningbo Customs has transferred the infringement case to the Public Security Department for further investigation and expansion.
Lianyungang Customs Office affiliated with Nanjing Customs (case concerning seizure of eyeglasses suspected of infringing the exclusive right to use a trademark). The customs office seized 108,774 glass bottles valued at RMB 77,841 which were suspected of infringing the trademark “ROYALEX” registered by Jiafeng Industrial Co., Ltd. to the General Customs Administration. The business entities that shipped this batch of goods were not on the list of legitimate users according to the official records of customs protection of intellectual property rights, and subsequently the rights holder confirmed that this batch of glasses was in infraction. At present, Lianyungang Customs have detained the glasses and the matter is under investigation.
The Xuzhou Customs Office affiliated with Nanjing Customs detected a case of suspected counterfeit stickers. Upon examining the stickers, customs officials found that 120,000 sheets of stickers from a company in Shandong Province for export were labeled “DISNEY”. After confirmation by Disney Enterprises, the trademark holder, this set of stickers is a counterfeit product. Xuzhou Customs filed a complaint in accordance with the law and imposed an administrative sanction on the violating companies.
Beijing Customs have successively seized cigarettes suspected of infringing the right to the exclusive use of a trademark by post. Upon examination, it was discovered that there were cigarettes with the word “NANYANG BROTHERS” inside 504 packages shipped from China, for a total of 374,400 cigarettes. Customs officials considered the cigarettes produced in Hong Kong, China to be unusual and the packaging to be of poor quality and therefore suspected of counterfeiting. After confirmation from the copyright owner, Nanyang Brothers Tobacco Co., Ltd., all of the above cigarettes were found to be infringing. At present, Beijing Customs have detained all of the cigarettes mentioned above and have filed a case for investigation.
Case concerning the violation of the exclusive right to Olympic symbols by sporting goods seized by Tianjin Customs. During the inspection process of sports equipment declared for export by a company in Baoding City, the General Administration of Customs found that 1,958 belts used the sign “Olympic Five Rings” and sewed the words “OLYMPIA” GO ”and were suspected of an offense. After contacting the Chinese Olympic Committee, he confirmed that the goods infringed the exclusive right to Olympic symbols and requested customs protection. Customs have launched the detention procedure for filing a file.
Case concerning violation of exclusive right to use trademark by insulating nails discovered by Tianjin Customs. The customs office seized a batch of insulating nails in 712 boxes of goods declared for export by a company in Xingtai City, Hebei Province, suspected of infringing the exclusive right of Hailyde Co., Ltd. to use the trademark “HILTI” which had been registered with the General Customs Administration. Hailyde Co., Ltd. confirmed that the goods had not been manufactured under his authorization. At present, the right holder has submitted to Tianjin Customs a written request for detaining the counterfeit goods and a guarantee, and Tianjin Customs has initiated the follow-up procedures for case filing and detention.
Rongcheng Customs Office seized counterfeit clothing from a cross-border e-commerce channel. A total of 61 lots of T-shirts suspected of infringing “golf” and other brands were seized in the case, the value in question amounting to approximately 9,735 RMB. Upon examination, it was found that the aforementioned 61 lots declared for export had the marks of golf and other brands, but the quality of the clothes was poor, the packaging of poor quality and there was a big difference between them and authentic clothes. After that, the parties admitted that all the T-shirts were in violation.
Joint customs cases in Guangdong, Hong Kong and Macao to find counterfeit goods. Guangdong branch of General Administration of Customs took the initiative to jointly conduct joint law enforcement action for customs protection of intellectual property rights among customs offices in Guangzhou, Shenzhen, Gongbei, Huangpu and Jiangmen in the province and the customs offices of Hong Kong and Macao. In the operation, customs in the Guangdong region seized more than 2.42 million counterfeit goods; Huanggang Customs, affiliated with Shenzhen Customs, seized about 4,000 bags, leather goods, glasses, clothing and other suspected counterfeit items from a Guangzhou exporting company; Fenggang Customs, affiliated with Huangpu Customs, seized 1.025 million sticker sheets that were declared for export via cross-border e-commerce and were suspected of infringing the exclusive right to use the “Nestlé” trademark .