Case No. 1: Hangzhou Customs Seized Counterfeit“GOLDEN” Adhesive Tapes
On April 7th, 2012, one trading company from Fang Cheng Gang City claimed with Hangzhou Customs for the export of abatch of petty commodities to Egypt. Having examined these commodities, the customsfound 224.640 volumes of adhesive tapes which are suspicious of infringing“GOLDEN” trademark with a total value of RMB 96,769.
On August 8th 2012, the Yiwu People’sCourt charged the two criminal suspects with crime of counterfeiting registeredtrademark, sentenced them a 1.5-year fixed-term imprisonment (three-yearprobation) and a RMB 80,000 penalty.
This case is a comprehensive treatment model whicheffectively joined administrative and criminal enforcement together in IPR field.In this case, as a well-known enterprise, the obligee’s (Guangzhou Hong ChangAdhesive Tape Factory) “GOLDEN” branded adhesive tape products have won listsof honors including China Famous Branded Products , China Well-Known Trademark,as well as Guangdong Famous Brands. The result of this case has successfullyprotected a domestic well-known self-owned brand.
Case NO. 2: Xiamen Customs Continuously SeizedInfringing Clothing with RMB 4,170,000 base on the Venture Analysis
On August 17th, 2012, after released 34,920pieces of men’s cardigan (Brand: “Leones”) claimed by Shi Shi Hua Hai Importand Export Trading Co., Ltd for export, Dongdu Customs Officer implemented theinspection and found 8.064 pieces of “Columbia” branded cardigans together with54,000 pieces of “UNDER ARMOUR “branded cardigans hiding in thecontainers, which totally amounted to 62,064 pieces .The above commodities wereall bogus products after verified by the holder of “Columbia” trademark.
In March 2013, this Customs seized 88,320 pieces ofwomen’s T-shirts which were suspicious of infringing the exclusive right of“UNDER ARMOUR” device mark with a total value of RMB 2.05 million. XiamenCustoms promptly noticed the Public Security Bureau (hereafter as”PSB”) thecase clues after detained the above products, and the local PSB has alreadylaunched investigation and prosecution into it.
It is a typical case which Xiamen Customscontinuously seized infringement products based on the Venture Analysis. Theinfringing parties in this case attempted to evade the customs’ monitoring byclaiming for non-record brands or using trademark that are not well-known.These two cases bare the characteristic of fresh method, high elusive anddifficult seizure, which reflected the new development of exporting bogusproducts.
Case No.3: Ningbo Customs Seized Infringing ShalinaCream
On March 1st 2012, Shenzhen Shi Wei DaTrading Co., Ltd. claimed with the Customs for the export regarding a batch ofcement nails. When the customs examined and verified the documents, they foundthis declaration has a high infringing risk and thus issued inspecting orders.After examination, 13 boxes of betamethasone lotion, 40 boxes of clobetasolpropionate face cream and 29 boxes of cream labeled withtrademark “Shalina”, 100 boxes of “VICKS” cooling oil and 86 boxes of “ZAM-BUK”cooling oil were found. The obligee verified that all those products wereinfringing goods and then applied for Custom Protection.
This case indicates an excellent venture analysiscapability and a strong sense of responsibility of the Customs officer, as wellas the imperceptibility of infringement technique by the counterfeitingenterprise. In this case, the infringing party exported infringing goods byregistering different companies in order to transferring the target andconfusing the public.
Case No. 4: Tianjin Customs seized infringing“Zhenjiang vinegar”
On April 25, Tianjin customs found out 7188 bottlesof vinegar (599 boxes) labeled the Chinese c\Characters “Zhenjiang Vinegar”which claimed to be exported to Singapore by one company from Tianjin. Aftercontacting Zhenjiang Vinegar Industry Association, the holder of “Tianjinvinegar” trademark, verified that this batch of export commodities violated itsexclusive right to use the trademark “Zhenjiang vinegar” without authorization,and therefore applied for Customs Protection.
This case is the first time that Tianjin customsseized the infringement of geographical indication at export section under theguidance of General Administration of Customs, which has enriched the casetypes of Customs IPR enforcement.
Case No. 5: Shanghai Customs seized counterfeit“jamila” compound seasoning
In March 2012, Shanghai Customs dealt with a caseregarding the infringement of domestic self-owned trademark on seasoningproducts , which has a total value of RMB 8 million.
This case, related with Public Life, has thereached the highest value and the largest amount of infringing products eversince Shanghai Customs launched the “Shield of National Gate” campaign andstrictly carried out it to fight against counterfeit medicine, food andautomobile parts.
Case No. 6: Shenzhen Customs S0eized Importedcounterfeit “Ai Li Da” Medicine
On February 5th 2012, when checking theimport EMS mails, Shenzhen Customs Posting Services branch found out 20,016pills of medicine labeled with “Ai Li Da” trademark, which are suspicious ofinfringing Bayer’s exclusive trademark right recorded with the GeneralAdministration of Customs. The obligee verified that the above productsinfringed its exclusive right to use the trademark”Ai Li Da”. Currently, thiscase has been noticed to local PSB and is waiting for further investigation.
This is one of the most important cases afterShenzhen Customs strengthened its legal sanctions to the import and export ofgoods to the United States. Also, it is the largest case regarding the importof infringing medicine to China via post channel. Tn this case, the Customsseized a huge amount of fake medicines in the import section, which fullyreflected its important role in terms of curbing circulation of fake medicineand blocking them from being imported to China.
Case No. 7: Qingdao Customs seized counterfeit“VIAGRA”,”CIALIS” medicine though post channel
When checking the EMS importing mails, an officeron duty from Yantai Customs Post Office branch (subordinated to QingdaoCustoms) found out 6 boxes containing 18852 tablets of drugs labeled withtrademark “VIAGRA” and “CIALIS” being delivered to the United States, claimedin the name of “plastic products”. After the Obligee’s verification, all theseized drugs counterfeited its exclusive right to use the trademark.
After the infringement was detected, the Customstransferred the case to Yantai PSB, and the PSB later succeeded in arrestingone suspect with the assist from the Customs. On January 17th 2012,the People’s Court of Zhi Fu Distrcit, Yantai City sentenced the criminal “ZHOUPeng” for the crime of selling goods with counterfeit trademarks, with aone-year fixed-termed imprisonment (one year probation) and a penalty of RMB60000.
This is the first time for Qingdao Customs to seizecounterfeit products through mail check and transferred to PSB for accusing ofcriminal sanctions. Moreover, it is also a typical case which effectivelycombined the administrative enforcement from the Customs and the criminalenforcement from the PSB in IPR protection field, which underlined the powerfuljoint enforcement in cracking down the infringement criminals. By this way, theinfringement criminals can be cracked down from the beginning and the deterrentforce of the Customs in administrative enforcement has been enhanced.
Case No. 9：Gongbei Customs seized exporting counterfeit“ZELZAL” Motor Car
On July 9, 2012, the Gao Lan Customs (subordinatedto Gong Bei Customs) conduced an examination on the Reciprocatingpiston for motor cars claimed by a Zhuhai company, among which 540 sets ofReciprocating piston for motor cars and 540 sets of related accessories werefound labeled with trademark “ZELZAL”. The detected goods were suspicious ofinfringing the excusive trademark rights of trademark “ZELZAL and device” ,which is owned by Guangdong Yin He Motor Car Group who has recorded with theGeneral Administration of Customs. The obligee applied to Gongbei Custom Officefor seizing the infringing goods and provided warrant for the IPR protectionmeasure. Finally on July 13 2012, the Gaolan Customs seized the above goods andimmediately launched the investigation progress.
This case is the first time for Gongbei Customs toseize counterfeit motor car accessories since it started the “The Shield ofNational Gate” campaign and the specific campaign against the counterfeitdrugs, food and automobile accessories. Moreover, it is also a major infringingcase regarding domestic self-owned Intellectual Property which has a strong andtypical meaning.
Case No. 10：Wuhan Customs seized counterfeit “AMG” Wheel Hubs
On June 7th 2012, one company from Wuhan claimed theexport of 1408 pieces of Wheel Hubs to UAE with Huangshi Customs (subordinatedto Wuhan Customs). The Customs officers in presence held that this batch ofgoods has a high risk of infringing based on the venture analysis. As a result,the Customs issued an order of detention. After examination, it is found that althoughthe above wheel hubs were claimed in the name of “SKY”, they were actuallylabeled with trademark “AMG”. The examiner in presence contacted Daimler AG(the olibgee of the trademark “AMG”) immediately, and confirmed that the exportof this batch of goods was totally without authorization. Currently, the localPSB has already conducted investigation into this case and the result hasalready been transferred to local Procuratorate Bureau for prosecution.
Counterfeit automobile accessories are directlyrelated with Consumer Safety, which would be a big harm to our society and willfurther cause global attention. The success seizure of the infringing productshas effectively maintained the legal rights and interests of the Obligee, aswell as left a positive meaning for better improving the IPR conscious ofdomestic exporting enterprises and the order of importing and exporting via theports.