In July 2024, a Shenzhen-based industrial company declared a batch of goods for export to Tanzania via general trade at Shanghai Customs.
During an on-site inspection, customs officers discovered solar panels bearing the trademark "JINKO SOLAR BUILDING YOUR TRUST IN SOLAR," which raised suspicions of infringing on trademark exclusive rights. Upon being contacted by customs officials, the trademark owner, an energy company, confirmed the infringement and promptly applied for detention of the goods.
Subsequently, Shanghai Customs initiated an investigation, uncovering 2,480 suspected infringing goods valued at over 1.08 million yuan ($149,545.82). Following the detention and determination of infringement, Shanghai Customs notified the Shanghai Public Security Bureau.
The confiscated goods featured identical trademarks to the registered ones without the owner's authorization, thus constituting trademark infringement under Article 57(1) of China's Trademark Law. Furthermore, the act of exporting these goods violated relevant regulations.
Consequently, on Dec 10, 2024, Shanghai Customs issued a penalty decision, which entailed confiscation of the infringing goods and a fine of 54,500 yuan.
In this case, Shanghai Customs bolstered border defense for intellectual property (IP) protection by enhancing coordination between inspection and law enforcement, thereby bringing China's IP protection standards further in line with international norms. This proactive approach not only safeguards against IP infringements but also fosters a level playing field for Chinese brands in countries along the Belt and Road, promoting fair competition.
