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China Releases Typical Cases of Intellectual Property Protection by China Customs in 2024 – China Facing Imported Counterfeits Due to Manufacturing Moving to Other Countries
Friday, May 9, 2025

On April 23, 2025, China’s General Administration of Customs releases their Typical Cases of Intellectual Property Protection by China Customs in 2024 (2024年中国海关知识产权保护典型案例). In contrast to prior years, Customs, in explaining the cases, mentioned two new trends. The first is the export of high-tech products infringing Chinese-owned IP due to the “gradual shift of China’s export momentum from Made in China to Created in China.” The second is that China now needs to block imports of counterfeits due to the “industrial transfer of some labor-intensive commodities.”

A translation follows. The original text is available here (Chinese only).

Case 1: Shenzhen Customs introduced technical investigators to investigate and handle a case of photovoltaic equipment infringement

  In September 2024, a new energy equipment company in Shenzhen discovered that a batch of photovoltaic production equipment suspected of infringing its patent right of “a lateral upper and lower boat device” was about to be exported, with a value of RMB 10.79 million, and submitted an application for intellectual property protection to Shenzhen Customs. After reviewing, Shenzhen Customs immediately initiated the protection procedure based on the application, implemented control on the batch of goods and suspended customs clearance. In view of the complex characteristics of the patented technology involved in the goods, the high social attention of the case, and the parties’ disputes over the facts of infringement, Dapeng Customs under Shenzhen Customs contacted the China (Shenzhen) Intellectual Property Protection Center and innovatively introduced technical investigators to assist in law enforcement. Relying on its professional assistance, customs inspection personnel accurately locked the physical goods inspection target, scientifically formulated field inspection plans, and rigorously implemented inspection, evidence collection and detention procedures. This innovative measure not only effectively safeguarded the legitimate rights and interests of the right holder, but also minimized the losses that may be caused to the parties by risks such as damage to cargo loading and unloading and delayed delivery. At present, the right holder has filed a lawsuit with the court based on the evidence obtained by the customs inspection.

  This case is a typical example of the first successful introduction of technical investigators to implement patent customs protection in the national customs system. The technical investigators, based on the claims and instructions of the patents involved, assisted the customs in inspecting and collecting evidence on the structural components in the equipment related to the patent technology involved. While protecting the rights of the right holder to view the goods, it also further shortened the inspection time and protected the interests of the consignor. It fully demonstrated the professional support role of the technical investigation mechanism for customs protection measures, accumulated valuable experience for the customs system to carry out in-depth patent protection work, and has important demonstration significance for further improving the level of customs protection of intellectual property rights.

  Case 2: Shanghai Customs seized a series of infringing foreign trade “new three items” products

  In March 2024, the Waigaoqiao Port Customs under Shanghai Customs found 737 solar panels declared as “unbranded” during an inspection of a batch of exported solar panels, suspected of infringing the trademark SUNTECH and graphics, with a value of RMB 243,800. Subsequently, Shanghai Customs further sorted out the export information of photovoltaic products such as solar panels, and seized a total of 2,480 solar panels suspected of infringing the trademark right of “JINKO”, with a value of RMB 1.09 million. After confirmation by the right holder, the above-mentioned goods are all infringing goods. The customs detained the goods in accordance with the law, and made an administrative penalty decision to confiscate the infringing goods and impose a fine after filing an investigation.

  In June 2024, Yangshan Customs under Shanghai Customs issued a control order based on the application of the right holder, and carried out precise interception of four batches of exported solar cell modules suspected of infringing its patent rights. 13,730 solar cell modules suspected of infringing its patent rights were seized, with a value of RMB 6.28 million. The customs detained the goods in accordance with the law.

  The “new three” of foreign trade, represented by new energy vehicles, lithium batteries, and photovoltaic products, have gained new export advantages with new technologies and new products, reflecting the gradual shift of China’s export momentum from Made in China to Created in China. Photovoltaic products, as the new energy application power supply for the green and low-carbon transformation of energy, have gradually become a “new business card” for stabilizing foreign trade. Customs cracks down on photovoltaic products that infringe trademark rights based on factors such as “high brand awareness, serious infringement status, and relatively clear infringement clues” to maintain corporate brand reputation; comprehensively uses the linkage processing mechanism of “risk control + comprehensive + on-site” to crack down on photovoltaic products that infringe patent rights, protect corporate scientific and technological innovation achievements and transformation and upgrading momentum, and contribute customs strength to the high-quality export of the “new three” products of foreign trade.

  Case 3: Hangzhou Customs launched a rapid response mechanism for major cases to coordinate enforcement and seize infringing drill bits

  In July 2024, Yiwu Customs under Hangzhou Customs found590,600 drill bits with the SKF and graphic trademark and 59,300 drill bits with the “DORMER” trademark when inspecting a batch of export goods. Due to the large number and high valuation of this batch of drill bits, the customs immediately activated the rapid response mechanism for major cases. After confirmation by the right holder, the batch of drill bits were all infringing goods. The customs detained the goods and filed a case for investigation in accordance with the law. The case handlers keenly noticed that the purchase transaction list and transfer records of the drill bits involved in the case submitted by the consignor were only 80,000 RMB, which was a big gap from the general market situation. They judged that 80,000 RMB was only a deposit, not the actual transaction price of the goods. The customs promptly fixed the key evidence involved in the case, such as the sales contract and freight entrustment agreement, assisted the public security organs in carrying out infringement identification and price identification, and actively promoted the public security organs to conduct criminal investigations. In October 2024, the public security organs formally filed a case for investigation. After the relevant departments determined that the batch of drill bits was worth RMB 955,700. The case is still under further investigation, and the public security organs have taken criminal coercive measures against the suspect.

  The rapid response mechanism for major cases is an effective means for customs to deal with cases with large numbers or case values, strong public response, public opinion attention, and involving major or sensitive commodities. In this case, the customs case officers, relying on their rich experience in handling cases, promptly activated the rapid response mechanism for major cases and smoothly promoted the public security organs to file a case. This is a typical case in which customs and public security organs deepened the “enforcement connection” of intellectual property protection and jointly cracked down on infringement and illegal criminal activities throughout the chain.

Case 4: Xiamen Customs builds a strong “entry” protection network to seize a series of infringing condiments

  In April 2024, Quanzhou Customs under Xiamen Customs found 139,100 bags of sour soup powder, monosodium glutamate, fried chicken powder and other condiments using the “KNORR” and “AJINOMOTO” trademarks when inspecting a batch of export goods. After confirmation by the right holder, the above-mentioned goods were infringing goods. The customs detained the goods in accordance with the law, and made an administrative penalty decision to confiscate the infringing goods and impose a fine after filing an investigation. While investigating the case, Xiamen Customs focused on “imported” infringing goods, formed an expert team to carry out special infringement risk assessment, screened customs clearance data and case information, conducted a comprehensive analysis of route characteristics and logistics trends, extracted high-risk infringement characteristics, and strengthened control and analysis of key commodities. In June and November of the same year, a total of 213,600 bags of chicken essence that infringed the exclusive rights of the “AJINOMOTO” and “Maggi” trademarks were seized again.

  ”Food is the first necessity of the people, and food safety is the first priority.” Food safety is always the top priority in the field of people’s livelihood. In this series of cases, the customs started with one infringement case that was discovered, screened high-risk commodities through big data analysis, and conducted special control. Two batches of similar infringing condiments were discovered one after another, effectively blocking the infringing goods from entering the international market, which reflects the customs’ implementation of the “no strictest, only stricter” law enforcement standard in the field of food safety. This series of cases effectively safeguards the health and safety of consumers and the international reputation of Chinese products, and is a typical example of the customs’ heavy blow to “imported” infringing commodities.

  Case 5: Beijing Customs and other customs promote integrated protection to escort cultural and creative products to go overseas

  In December 2024, Beijing Customs carried out precise training for Beijing Pop Mart Cultural and Creative Co., Ltd. (hereinafter referred to as Pop Mart), and analyzed the industry and regional infringement trends in detail for the infringement of cultural and creative enterprises in the jurisdiction, extracted the characteristics of the categories, channels and trading countries of infringing goods, and carried out cross-customs information sharing with the help of the intellectual property customs protection working group mechanism, and assisted relevant customs in strengthening the analysis and control of infringement risks. In the same month, customs in many places successively seized 9 batches and 140,000 pieces of cultural and creative products suspected of infringing the copyright of “Labubu” and other copyrights, with a value of RMB 170,000.

  In July 2024, the General Administration of Customs established a working group mechanism for customs protection of intellectual property rights, and local customs shared information, studied clues, and established an integrated intellectual property protection pattern. As a representative enterprise of China’s trendy culture “going overseas”, Pop Mart has been in short supply in Southeast Asian countries as China’s cultural and creative IP has increased its global influence. In this case, the customs encouraged cultural and creative enterprises to carry out customs filing, improve the effectiveness of rights protection, and form a strong joint force to combat infringement and protect innovation through cross-customs coordinated law enforcement. This case is a typical example of customs deepening the integrated protection of intellectual property rights and escorting cultural and creative products “going overseas”.

  Case 6: Guangzhou Customs seized a series of cases involving imported infringing sporting goods

  In 2024, there will be a large number of international sports events, and the risk of infringement of sports goods will increase. In January 2024, Nansha Customs under Guangzhou Customs found 13,000 footballs with trademarks such as “MOLTEN”, “ERREA” and “KIPSTA” with a value of RMB 415,000 when inspecting the goods declared for import by a trading company. After investigating the case, Guangzhou Customs sorted out and controlled similar goods imported from the same country. In July of the same year, Panyu Customs under Guangzhou Customs found 3,079 footballs with the “MOLTEN” trademark when inspecting goods imported from the same country by another trading company. The goods were worth RMB 101,000. After confirmation by the right holder, the above-mentioned goods were all infringing goods. The customs detained the goods in accordance with the law, and made an administrative penalty decision to confiscate the infringing goods and impose a fine after filing an investigation.

  With the industrial transfer of some labor-intensive commodities, the role of intellectual property protection in the import link has become increasingly important. Customs across the country adheres to the working concept of “strict protection, large-scale protection, fast protection, and common protection”. By refining the characteristics of infringement, analyzing the manifest information, locking the logistics routes, and implementing precise control, it effectively blocks the infringing sports goods from entering the domestic market, effectively maintains the normal trade order of the domestic market, and supports the development of China’s sports industry. This series of cases reflects the customs officers’ profound understanding and professionalism of protecting intellectual property rights, and is a typical case of customs actively combating infringement and illegal acts in the import link.

  Case 7: Huangpu Customs and other customs agencies cooperated efficiently to seize the case of transshipping infringing sports shoes

  In November 2024, Huangpu Customs received a report from the right holder that a batch of infringing sports shoes were about to be declared for export from the customs. Huangpu Customs gave full play to the two core advantages of data resources and data models, and used the customs’ intelligent risk control shipping trajectory monitoring and analysis function to track the container trajectory in real time. After discovering that the batch of goods had been shipped and left the port for Hong Kong, Huangpu Customs contacted Hong Kong Customs through the Guangdong Branch of the General Administration of Customs to monitor and intercept the container. Hong Kong Customs found out that the container had been transferred to Shenzhen for export, and immediately notified Shenzhen Customs of the information. Shenzhen Customs further found out that after the container changed ships midway, it successfully seized more than 13,000 pairs of infringing sports shoes using trademarks such as “TIMBERLAND”, with a value of RMB 235,800.

  The Decision of the CPC Central Committee on Further Comprehensively Deepening Reform and Promoting Chinese-style Modernization, which was reviewed and approved at the Third Plenary Session of the 20th CPC Central Committee, proposed to “deepen cooperation in the Guangdong-Hong Kong-Macao Greater Bay Area and strengthen the connection of rules and mechanisms”. In response to the new trend of drifting infringing goods, the customs of Guangdong and Hong Kong quickly shared risk information in cross-customs and cross-regional joint law enforcement, implemented control and interception at all levels, and cooperated in case investigations, forming a relatively mature customs protection and law enforcement cooperation mechanism for intellectual property rights. This case is a typical example of close cooperation between the customs of Guangdong and Hong Kong to protect intellectual property rights, reflecting the responsibility of customs to serve the high-quality development of the Guangdong-Hong Kong-Macao Greater Bay Area.

  Case 8: Qingdao and Ningbo Customs seized a series of cases involving infringing goods exported to African countries

  In October 2024, Huangdao Customs under Qingdao Customs seized 68 infringing refrigerators in two batches exported to Libya, with a value of RMB 204,600, and refrigerators with the Pepsi graphic trademark logo. The customs quickly launched the “execution connection” mechanism and transferred the case to the public security organs. At present, the public security organs have merged the two cases for investigation.

  In October 2024, Beilun Customs under Ningbo Customs found 1.19 million welding rods with the ” ” (graphic) trademark logo, with a value of RMB 178,500, when inspecting a batch of goods for export to Ghana. After confirmation by the right holder that the above goods were infringing goods, the customs quickly secured evidence and transferred the case to the public security department.

  In September 2024, the Forum on China-Africa Cooperation Summit was successfully held in Beijing. The Forum on China-Africa Cooperation-Beijing Action Plan (2025-2027) proposed to “expand cooperation with African customs in areas such as customs clearance facilitation, law enforcement and capacity building, and jointly combat infringement and counterfeiting” and other illegal and criminal acts. In September of the same year, the General Administration of Customs deployed the “Special Action for Customs Protection of Intellectual Property Rights in Africa (2024)” in customs across the country. The above cases fully demonstrated the law enforcement results of the special action, strengthened the intellectual property protection awareness of export enterprises, and maintained the good image of Chinese brands and “Made in China” in African countries. It is a concentrated reflection of the customs’ implementation of the national intellectual property power strategy and service to major power diplomacy.

  Case 9: Chengdu, Urumqi and Gongbei Customs seized infringing goods from cross-border e-commerce channels

  In January 2024, Chengdu Shuangliu Airport Customs under Chengdu Customs discovered suspected infringing boots using trademark logos such as “UGG” during an inspection of a batch of exported cross-border e-commerce goods. Subsequently, it strengthened control over the same enterprise and seized 473 pieces of shoes and bags using the same trademark logo, which were confirmed as infringing goods by the right holder.

  In July 2024, Alashankou Customs under Urumqi Customs discovered 1,050 handbags using the “PINK” trademark logo during an inspection of a batch of exported cross-border e-commerce goods, which were confirmed as infringing goods by the right holder.

  In December 2024, the Hong Kong-Zhuhai-Macao Bridge Customs under the Gongbei Customs discovered 4,054 cigarettes with trademarks such as “Yunyan” and “MARLBORO” hidden in lamps during an inspection of a batch of exported cross-border e-commerce goods. They were confirmed as infringing goods by the right holder.

  China’s cross-border e-commerce has grown from small to large in scale, and its quality has become stronger and better, and has become a new highlight in China’s foreign trade and global trade. Customs has strengthened its crackdown on infringing goods in cross-border e-commerce, effectively safeguarded the legitimate interests of right holders and consumers, and escorted the healthy and orderly development of the new cross-border e-commerce business. This series of cases is a typical example of customs strengthening intellectual property protection in the new cross-border e-commerce business.

  Case 10: Nanjing, Tianjin and Dalian Customs accurately applied the “Criteria for Administrative Penalty Discretion of the Customs of the People’s Republic of China (III)” series of cases

  In December 2023, Xinshengwei Customs under Nanjing Customs found that 141 jerseys and other goods used the MANCHESTER CITY 1894 and graphics trademark logo when inspecting a batch of exported goods, with a value of RMB 4,240.85. After confirmation by the right holder, the batch of goods was infringing goods, and the customs detained the goods and filed a case for investigation in accordance with the law. During the investigation of the case, the “Discretion Benchmarks for Administrative Penalties of the Customs of the People’s Republic of China (III)” (hereinafter referred to as “Discretion Benchmarks (III)”) were promulgated and implemented. The customs investigation determined that the party met the provisions of Article 7, paragraph 1, item 4 of the “Discretion Benchmarks (III)” that “the number of imported and exported goods that infringe intellectual property rights is less than 200 pieces and the value is less than 5,000 yuan, the party acknowledges in writing that the goods are infringing goods, voluntarily abandons the infringing goods and hands them over to the customs for handling in accordance with the law”, and made a decision not to impose administrative penalties in January 2024, ordering the party to immediately fulfill the obligation not to import and export infringing goods and educate them.

  In December 2023, Xingang Customs under Tianjin Customs found 72 bicycles with the “FOREVER” trademark logo when inspecting a batch of export goods, with a value of RMB 9,299.06. After confirmation by the right holder, the above-mentioned goods were infringing goods, and the customs detained the goods and filed a case for investigation in accordance with the law. During the investigation of the case, the “Discretion Criteria (III)” was promulgated and implemented. The customs investigation determined that the party was a first-time offender, and met the provisions of Article 8 of the “Discretion Criteria (III)” that “the number of infringing goods imported and exported is less than 500 pieces and the value is less than 10,000 yuan, the party acknowledges in writing that the goods are infringing goods, voluntarily abandons the infringing goods and hands them over to the customs for handling in accordance with the law”. The first violation can be exempted from punishment. In January 2024, a decision was made not to impose administrative penalties, ordering the party to immediately fulfill the obligation not to import and export infringing goods and educate them.

  In April 2024, Dayaowan Customs under Dalian Customs found that 10 sets of bearings used the “NTN” trademark when inspecting a batch of exported bearings, with a value of RMB 1,444. The right holder confirmed that the above-mentioned goods were infringing goods. The customs detained the goods and filed a case for investigation in accordance with the law. It was found that the party had been punished by the customs twice for exporting infringing goods within one year before the incident. It met the provisions of Article 12 of the Discretion Criteria (III) that “after being administratively punished by the customs for violating Article 25 of the “Regulations on the Implementation of Customs Administrative Penalties”, the same act of violating customs supervision regulations was committed within one year”. In June 2024, an administrative penalty of confiscating the infringing goods and imposing a fine of 25% of the value of the goods was imposed.

  The Discretion Benchmark (III) is a specific measure for the customs to implement the decision-making arrangements of the CPC Central Committee and the State Council on regulating administrative discretion, and provides a guiding and normative discretion benchmark for the customs to strictly, standardize and fairly handle intellectual property cases. Since the implementation of the Discretion Benchmark (III), the national customs have accurately applied different levels of discretion according to the facts, nature, circumstances and degree of social harm of the illegal acts, reflecting the legislative spirit of proportionate punishment and leniency and severity, which is of great significance to improving the fairness and transparency of administrative penalties, protecting the legitimate rights and interests of the parties, and promoting the standardization and professionalization of customs law enforcement.

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