The State Administration for Market Regulation (SAMR) announced the top 10 typical cases of intellectual property enforcement in 2023

　　In 2023, local market supervision departments will thoroughly implement the Outline for the Construction of a Quality Power and the Outline for the Construction of an Intellectual Property Power (2021-2035), give full play to the advantages of comprehensive law enforcement in market supervision, continue to increase the enforcement of intellectual property rights, promote the construction of a full-chain law enforcement mechanism, severely crack down on trademark infringement, counterfeit patents, malicious application for trademark registration and illegal trademark and patent agency in accordance with the law, strengthen the protection of the exclusive rights of special signs and official signs, and effectively protect the legitimate rights and interests of operators and consumersIt has maintained a good environment for innovation and development. The State Administration for Market Regulation has selected some typical cases and hereby released them.

1. The Market Supervision Bureau of Haining City, Zhejiang Province investigated and dealt with the case of Sun Moumou and others producing and selling counterfeit well-known brand automotive glass

　　The Market Supervision Bureau of Haining City, Zhejiang Province investigated and punished Sun Moumou and others for the illegal production and sale of counterfeit well-known brand automotive glass in accordance with the law, and the amount involved was more than 200 million yuan. The conduct of the parties is suspected of constituting a crime, and the case has been transferred to the public security organs for handling.

　　In October 2023, the Haining Municipal Market Supervision Bureau received clues that there were illegal production and sales of well-known brand automobile glass dens in its jurisdiction. The Haining Municipal Market Supervision Bureau, together with the public security organs, immediately carried out joint law enforcement inspections on dens suspected of illegal acts, and seized 6,191 pieces of counterfeit BMW brand, Mercedes-Benz, Honda and other well-known brand trademarks infringing on the spot, and more than 20 pieces of glass have not yet been printed trademarks. After investigation, since 2018, the gang involved in the case has purchased automotive glass from ordinary glass manufacturers without the permission of the registered trademark owner, and printed BMW, Mercedes-Benz, Honda, Volkswagen, Toyota, General Motors, Ford, Mazda, Fiat, Land Rover, Lexus, Jaguar and other brand trademarks on the automobile glass through sandblasting and hot stamping, and then sold them to Zhejiang, Jiangsu, Shandong, Henan, Hubei, Hunan and other places, with an amount of more than 200 million yuan. The conduct of the parties constitutes an illegal circumstance under Article 57(3) of the Trademark Law of the People's Republic of China. So far, the public security organs have arrested 9 people and detained 26 people.

　　The parties in this case have a strong sense of anti-reconnaissance, and the products involved in the case are miscellaneous, numerous, and large, making it difficult to conduct on-site investigation and evidence collection. The market supervision department, together with the public security organs, comprehensively collected evidence of violations and crimes through careful planning, in-depth excavation and mutual cooperation, ensured the smooth investigation and handling of the case, and effectively protected the exclusive right to use the registered trademarks of many well-known automobile brands.

2. The Market Supervision Bureau of Dongtai City, Jiangsu Province, investigated and dealt with the case of Liu and others illegally making and selling counterfeit cosmetics

　　On April 1, 2023, the Market Supervision Bureau of Dongtai City, Jiangsu Province investigated and punished Liu and others for illegally manufacturing and selling counterfeit cosmetics in accordance with the law, and the value of the goods involved was 103 million yuan. The conduct of the parties is suspected of constituting a crime, and the case has been transferred to the public security organs for handling.

　　On March 31, 2023, the Dongtai Municipal Market Supervision Bureau received a report that cosmetics were being manufactured and sold in a private house. Subsequently, law enforcement officers carried out law enforcement inspections and seized 384,600 counterfeit "L'Oreal", "Fresh Poetry", "Lancôme", "Olay" and other brand cosmetics packaging boxes, bottles and other packaging materials, 17,300 finished cosmetics (boxes), more than 20 counterfeiting equipment such as pneumatic liquid filling machines, laser inkjet printers, assembly line conveyors, hot stamping machines, and constant temperature heating tables, and 9.6 tons of unfilled production raw materials. After investigation, since June 2022, Liu and Lian have recruited workers to illegally produce counterfeit cosmetics, and packaged the cosmetics by themselves, and then sold the finished products to the downline, and sold them to consumers at a price close to the original through purchasing agents, live broadcasts, etc., with a value of up to 103 million yuan. After more than three months of joint action, the Dongtai Municipal Market Supervision Bureau and the public security organs smashed 3 production dens and 2 sales dens, smashed 1 illegal cosmetics production and sales network across 5 provinces and 8 cities including Shanghai, Guangdong, and Zhejiang, and arrested 17 criminal suspects.

　　There are many people involved in this case, and the area involved is wide, and the production and sale of counterfeit goods form an "industrial" chain. The market supervision department and the public security organs immediately set up a special case team to discuss and judge the case, formulate an action plan, and carry out precise tackling of the case. The investigation and handling of this case demonstrates the determination and confidence of the market supervision department to crack down on infringement and counterfeiting, deter illegal and criminal acts, and maintain the market order of fair competition.

3. The Market Supervision Bureau of Nanning City, Guangxi Zhuang Autonomous Region, investigated and dealt with the case of Nanning Riyuequan Tea Shop selling tea that infringed on the exclusive right to use the registered trademark "China Tea".

　　On March 6, 2023, the Nanning Municipal Market Supervision Bureau of Guangxi Zhuang Autonomous Region investigated and punished the illegal act of selling tea that infringed on the exclusive right to use the registered trademark of "China Tea" in Nanning Riyuequan Tea Shop in accordance with the law, and the amount involved was more than 9,000 yuan. The conduct of the parties is suspected of constituting a crime, and the case has been transferred to the public security organs for handling.

　　On March 6, 2023, according to the clues provided by consumers, the law enforcement officers of the Nanning Municipal Market Supervision Bureau conducted a law enforcement inspection of the Riyuequan Tea Shop in Nanning City, and found a large number of Pu'er teas marked with the "China Tea" logo and the words "Yunnan Tea Branch of China Native Products and Animal Products Import and Export Corporation" in the store, and some "China Tea" Pu'er teas were also labeled with the words "80s". The trademark owner identified the above-mentioned goods as infringing goods, with a value of 5 million yuan. Due to the large illegal business turnover of the parties and the suspicion of crimes, the Nanning Municipal Market Supervision Bureau transferred the case to the public security organs for handling in accordance with the law, and in accordance with the working mechanism signed by the two departments, the joint public security organs traced back to the dens of counterfeiting and counterfeiting, and carried out a full-chain crackdown on infringement and counterfeiting. In this case, a total of 11 people were arrested, and 15,074 cakes (pieces) of counterfeit tea with the registered trademark of "China Tea" were seized, with a value of more than 9,000 yuan.

　　This case is a typical case of cracking down on illegal and criminal acts in the whole chain. The market supervision departments have worked closely with the public security organs to promptly initiate a working mechanism for the connection of executions, and have coordinated cross-regional operations to form a joint force to crack down on illegal acts of making and selling counterfeits, thus protecting the lawful rights and interests of rights holders.

4. Tianjin Beichen District Market Supervision Bureau investigated and dealt with the case of Tianjin Beijiang Light Vehicle Automobile Technology Co., Ltd. infringing the exclusive right to use the registered trademarks "DENSO" and "TOYOTA".

　　On July 13, 2023, the Market Supervision Bureau of Beichen District, Tianjin Municipality, together with the public security organs, found 1,100 "DENSO" brand ignition coils produced by Tianjin Beijiang Light Vehicle Automotive Technology Co., Ltd. in a vehicle parked in the jurisdiction. The goods are identified as infringing by the trademark owner. On the same day, law enforcement officers carried out a law enforcement inspection of the company's residence in Wuqing District, Tianjin, and found that the parties processed and produced 54,000 ignition coils of the "DENSO" and "TOYOTA" brands. The above-mentioned goods were identified as infringing products by the trademark owner, with a value of about 17.175 million yuan. The conduct of the parties is suspected of constituting an illegal act under Article 57(1) of the Trademark Law of the People's Republic of China. Because the parties' illegal acts are suspected of constituting crimes, the Beichen District Market Supervision Bureau transferred the case to the public security organs for handling in accordance with the law.

　　The ignition coil is one of the key components of the automobile engine. In this case, the market supervision department gave full play to the role of the mechanism of connecting executions and cross-regional case handling, and based on the clues of the case found in the jurisdiction, it worked with the public security organs to successfully destroy the counterfeiting dens of the parties, effectively cracking down on the illegal and criminal acts of trademark infringement, effectively purifying the market environment, and effectively safeguarding the safety of consumers' lives and property.

5. The Market Supervision Bureau of Lichuan City, Hubei Province investigated and dealt with the case of Yang Moumou and others selling goods with counterfeit "FION" registered trademarks

　　On June 19, 2023, the Market Supervision Bureau of Lichuan City, Hubei Province investigated and punished Yang Moumou and others for selling counterfeit goods with the registered trademark "FION" in accordance with the law. The conduct of the parties is suspected of constituting a crime, and the case has been transferred to the public security organs for handling.

　　On May 15, 2023, according to the clues of the case, the Ichuan Municipal Market Supervision Bureau and the public security organs jointly conducted a law enforcement inspection of the residence of the parties, and a large number of "FION" bags were found at the scene. The trademark owner identified the above-mentioned goods as counterfeit goods. After investigation, the party concerned began to sell counterfeit "FION" bags through online platforms in November 2022, and as of the time of the case, more than 1,000 have been sold, 4,524 have not been sold, and the value of the goods has reached more than 600 yuan. The behavior of the parties violated the provisions of Article 57 of the Trademark Law of the People's Republic of China and was suspected of constituting a crime, and the Ichuan Municipal Market Supervision Bureau transferred the case to the public security organ for handling in accordance with the law.

　　This case is a typical case of selling infringing and counterfeit goods through the Internet. With the rapid development of Internet technology, online infringement and counterfeiting cases have become increasingly complex, and some counterfeiters have broken up into pieces through order production, separation of goods labels, social marketing and other means to evade crackdowns. In this case, the market supervision department and the public security organs worked closely together, giving full play to the advantages of departmental cooperation, and accurately targeting the locations of dens in residential buildings through methods such as surveying and squatting, surprise inspections, and joint law enforcement, so as to effectively crack down on the online sale of infringing and counterfeit goods.

6. The Hotan Prefecture Market Supervision Bureau of Xinjiang Uygur Autonomous Region investigated and dealt with the case of Xinjiang Agayip International Trade Co., Ltd. selling counterfeit patented fertilizers

　　On April 18, 2023, the Hotan District Market Supervision Bureau of Xinjiang Uygur Autonomous Region imposed an administrative penalty on Xinjiang Agayip International Trade Co., Ltd. for selling counterfeit patented fertilizers in accordance with the law, confiscating 11,300 yuan of illegal gains and fining 75,000 yuan.

　　On March 1, 2023, law enforcement officers of the Hotan District Market Supervision Bureau conducted a law enforcement inspection of the office premises and warehouse of Xinjiang Agayip International Trade Co., Ltd., and found that fulvic acid sulfur-based nitrogen fertilizer, blended nitrogen fertilizer, and urea-ammonium nitrogen fertilizer were printed on the packaging with the words "Complex Liang Titanium Patented Formula ZL201610715940.8". After investigation, the "Complex Liang Titanium Patent Formula CN201610715940.8" was applied by Liu on August 25, 2016, and was rejected by the Patent Office of the State Intellectual Property Office on February 25, 2022. The above-mentioned chemical fertilizer is marked with a patent mark on the packaging of the product that has not been granted a patent right, and the parties purchased a total of 94 tons and sold 76 tons, with a value of 158,600 yuan. The conduct of the parties constituted counterfeiting of patents as stipulated in the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China. The Hotan District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

　　In this case, the goods sold were marked with the logo of the rejected patent, which misled and deceived consumers, harmed the legitimate rights and interests of consumers, and disrupted the market order. The market supervision department will crack down on this kind of behavior of using "high-tech" gimmicks to expand the influence of products and seek illegal benefits, and make every effort to safeguard the legitimate rights and interests of consumers and the market order of fair competition.

7. The Shanghai Municipal Administration for Market Regulation investigated and dealt with the case of Shanghai Shengbei Enterprise Service Co., Ltd. carrying out patent agency business without authorization

　　On September 6, 2023, the Shanghai Municipal Administration for Market Regulation imposed an administrative penalty on Shanghai Shengbei Enterprise Service Co., Ltd. for carrying out patent agency business without authorization, confiscated 52,200 yuan of illegal gains, and imposed a fine of 52,200 yuan twice the illegal gains.

　　On February 21, 2023, the Shanghai Municipal Administration for Market Regulation received clues about the transfer of the case, reflecting that the party, Shanghai Shengbei Enterprise Service Co., Ltd., was suspected of carrying out patent agency business without authorization. After investigation, from September 2021 to the occurrence of the case, the parties signed 110 patent application entrustment agency contracts with 109 customers without obtaining the "Patent Agency Practice License", and the contracts agreed to represent the above-mentioned customers for a total of 831 patent applications such as inventions and utility models. Among them, 497 patent applications have been completed and 334 patent applications have not yet been completed. According to another investigation, from September 2021 to February 2023, the party advertised on its website that "professional project declaration, helping enterprises get millions of capital subsidies; IP Doctor Team; There is no intellectual property platform that dismisses anxiety; one-on-one evaluation and analysis by trademark application experts", which are inconsistent with the actual situation. The conduct of the parties violated the provisions of Article 9, Paragraph 1 of the Regulations on Patent Agency, and the Shanghai Municipal Administration for Market Regulation imposed administrative penalties on the parties in accordance with the law. For violations of the Anti-Unfair Competition Law of the People's Republic of China, the Shanghai Municipal Administration for Market Regulation also imposed penalties.

　　This case is a typical case of cracking down on violations of laws and regulations in the patent agency industry. Patent agency is an important part of transforming innovation achievements into patent rights and ensuring the effective operation of the patent system. By cracking down on illegal and chaotic phenomena in patent agency, the market supervision department further regulates patent application and agency behavior, promotes the quality and efficiency of the entire chain of intellectual property rights, and ensures the transformation and application of intellectual property rights.

8. The Beijing Municipal Bureau for Market Regulation investigated and dealt with the case of China Intellectual Property (Beijing) Intellectual Property Operation and Management Co., Ltd. forging application materials for geographical indication certification trademarks

　　On March 20, 2023, the Beijing Municipal Administration for Market Regulation imposed an administrative penalty on China Intellectual Property (Beijing) Intellectual Property Operation and Management Co., Ltd. for forging geographical indication certification trademark application materials, issued a warning, and fined 80,000 yuan in accordance with the law.

　　On October 8, 2022, the Beijing Municipal Administration for Market Regulation received clues that China Intellectual Property (Beijing) Intellectual Property Operation and Management Co., Ltd. was suspected of illegal acts of trademark agency. After investigation, in the process of acting as an agent for the three geographical indication certification trademark applications of "Changli dry cucumber", "Qinglong cashmere goat" and "Qinglong cashmere", in order to meet the requirements of intellectual property examination, the parties conspired with the applicant to tamper with the relevant county records of Changli and Qinglong counties. At the same time, the official seal of a university library in Hebei Province was forged, and PS technology was used to affix it to the above-mentioned county chronicle materials, and submitted it to the intellectual property examination authority as a trademark application material. The agency also conspired with the applicant to tamper with the validity period of the applicant's public institution legal person certificate. The conduct of the parties constitutes an illegal act under Article 68, Paragraph 1 (1) of the Trademark Law of the People's Republic of China and Article 88, Paragraph 2 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, and the Beijing Municipal Administration for Market Regulation shall impose administrative penalties on the parties in accordance with the law.

　　In this case, the Beijing Municipal Bureau for Market Regulation, the Hebei Provincial Market Supervision Bureau, and the market supervision departments of Baoding City, Qinhuangdao City, Changli County, and Qinglong Manchu Autonomous County worked together in accordance with the relevant provisions of the Beijing-Tianjin-Hebei Agreement on Intellectual Property Enforcement Cooperation to verify a number of illegal acts of the parties, laying a solid foundation for the investigation and handling of the case. This case severely cracked down on the falsification of GI application materials, which had a deterrent effect on illegal acts in the field of trademark agency, and was a typical case of cross-regional law enforcement cooperation.

9. The Market Supervision Bureau of Jinan City, Shandong Province investigated and dealt with the case of Jinan Chenghe Intellectual Property Agency Co., Ltd. illegally engaging in trademark agency business

　　On July 18, 2023, the Market Supervision Bureau of Jinan City, Shandong Province imposed an administrative penalty on Jinan Chenghe Intellectual Property Agency Co., Ltd. for illegally engaging in trademark agency business in accordance with the law, giving a warning, confiscating 5,000 yuan of illegal gains, and fining 40,000 yuan, and giving an administrative penalty of a warning and a fine of 20,000 yuan to Jiang, the person directly responsible.

　　In March 2023, the Jinan Municipal Market Supervision Bureau received clues from the case, reflecting that Jinan Chenghe Intellectual Property Agency Co., Ltd. was suspected of illegally engaging in trademark agency business. The Law Enforcement Inspection Bureau of the Shandong Provincial Market Supervision Bureau and the Jinan Municipal Market Supervision Bureau, together with the public security organs, immediately conducted on-site inspections of the parties' business premises. After investigation, since November 1, 2019, the parties have applied for a large number of trademarks for 49 trademark applicants. The above-mentioned trademarks are similar to those of Adidas Inc., Skyjack America, Lacoste, New Balance Sports, Inc., etc., which have a certain degree of popularity or strong distinctiveness, and the intent of "free riding" and "famous brand" is obvious, which disrupts the order of trademark registration. The fact that the party, as a professional trademark agency, accepts the entrustment even though it knows that the client does not apply for a registered trademark in bad faith violates the provisions of Article 19, Paragraph 3 of the Trademark Law of the People's Republic of China, and constitutes an illegal act of applying for trademark registration in bad faith. The Jinan Municipal Market Supervision Bureau imposed administrative penalties on the parties and the main responsible persons in accordance with the law.

　　This case is a typical case of cracking down on the illegal and malicious application for trademark registration by a trademark agency. In the early stage of the case investigation, the market supervision department ordered the parties to stop the illegal agency behavior, and took the initiative to withdraw and cancel some trademarks, which reduced the cost of rights protection for the right holder. At the same time, the parties and the persons directly responsible were punished to ensure that the penalties and warnings were in place, which formed a strong deterrent to malicious trademark registration applications and maintained the order of the trademark agency industry.

10. The Market Supervision Bureau of Qingyang District, Chengdu City, Sichuan Province investigated and dealt with the case of Chengdu Aier Eye Hospital Co., Ltd. using the logo of the 31st World University Games without authorization

　　On October 30, 2023, the Market Supervision Bureau of Qingyang District, Chengdu City, Sichuan Province imposed an administrative penalty of 3,000 yuan on Chengdu Aier Eye Hospital Co., Ltd. for using the logo of the 31st Universiade without authorization.

　　On July 28, 2023, the Qingyang District Market Supervision Bureau received a complaint from the Executive Committee of the 31st Summer Universiade, alleging that Chengdu Aier Eye Hospital Co., Ltd. used the emblem and logo of the Chengdu Universiade in the promotional draft of the WeChat public account without permission. After investigation, the party used the same words and graphics as the emblem of the Chengdu Universiade in its WeChat public account tweets without obtaining the authorization of the Executive Committee of the 31st Summer Universiade. The WeChat Twitter tweet was published on July 25, 2023 and deleted on August 1, 2023. The behavior of the parties violated the provisions of Article 16 (1) of the Regulations on the Administration of Special Signs, and the Qingyang District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

　　As a large-scale international sports event held in mainland China for young college students from all over the world, the Chengdu Universiade has attracted great attention from the domestic and international community. This case is a typical case of infringement of intellectual property rights by using WeChat official accounts, mini programs, etc. to carry out online marketing. The market supervision department quickly dealt with it, decisively fixed the evidence, and investigated and punished the infringement and illegal acts of special signs in accordance with the law, which effectively protected the legitimate rights and interests of the rights holders of the special signs of the Chengdu Universiade.

Source: City Speaks New Language

Editor: Guan Chao

Reviewer: Pu Rui