IP Protection

Home> Typical Cases

Crime of selling goods with counterfeit registered trademarks

ensipa.cn| Updated: June 25, 2021 L M S

Brief Introduction

In October 2019, Shanghai Customs was notified by the Shanghai Municipal Public Security Bureau that a batch of titanium dioxide illegally labeled "CHEMOURS", a US brand, will be exported from the Shanghai Port.

The local customs took immediate action. After thorough investigation, the titanium dioxide declared for export by a trading company in Shenzhen marked with the trademark CHEMOURS and its images was found. It was suspected of infringing the exclusive rights to the trademark filed with the General Administration of Customs by the US company Chemours.

After identification, the titanium dioxide was confirmed to be an infringing product and the company applied for intellectual property protection for its products.

The illegal products weighed 5 tons and were worth more than 100,000 yuan ($15,480). Shanghai Customs immediately put the case on file, seized the suspected infringing goods, and promptly informed the Shanghai Public Security Bureau of the case.

On July 6, 2020, the Shanghai Third Intermediate People's Court sentenced Shi Kuaikuai, the infringer, to four years and six months' imprisonment and fined him 200,000 yuan for the crime of selling commodities with counterfeit registered trademarks, along with six accomplices, who were also suspended and fined accordingly.

Professional Comments   

IP customs protection is an indispensable part of China's IP protection laws and a key tool for maintaining the order of IP protection in international trade.

The exchange of information, close cooperation, high-pressure supervision, and cooperation between customs and the public security department contributed to a more rapid, in-depth, and comprehensive joint effort to crack down on violations of IP rights.