China Customs Publishes 2022 Intellectual Property Protection Cases Highlighting Export and Import Seizures

On April 25, 2023, the General Administration of Customs of the People’s Republic of China published the Typical Cases of China Customs Intellectual Property Protection in 2022. The report covers a diverse range of products such as sportswear, toothpaste, automotive parts, watches, and electronics, demonstrating Customs’ comprehensive approach to intellectual property (IP) enforcement.

Significantly, the cases reveal that Chinese Customs seizes not only imported counterfeit goods but also goods intended for export. Given China’s role as a global manufacturing hub and a major source of counterfeit products, intercepting infringing goods at the Chinese border before they reach international markets is a strategic enforcement measure. Additionally, Customs often refers cases to public security organs for criminal investigations, enhancing deterrence against IP violations.

One notable case from September 2022 involved Gaoqi Customs, a subsidiary of Xiamen Customs, which inspected export declarations from a supply chain company in Quanzhou. Authorities discovered 2,259 pairs of casual shoes bearing logos of internationally renowned sports brands including UMBRO, alongside 1,196 brand bags falsely declared. These bags featured luxury brand logos and were accompanied by fabricated overseas purchase and customs clearance documents. After trademark owners confirmed the products as counterfeit, Customs detained the goods and notified public security authorities.

Following Customs’ evidence, police arrested 18 suspects, dismantled three counterfeit manufacturing and storage dens, and seized over 9,000 infringing bags and shoes valued at approximately 357 million RMB. Investigations revealed the suspects’ scheme involved exporting counterfeit goods to be reimported via overseas purchasing agents, thereby deceiving domestic consumers. This case exemplifies Customs’ vigilance against emerging infringement methods and its role in safeguarding both IP owners and consumers.

In April 2022, Guangzhou Customs seized 136,512 tubes of toothpaste marked “COLGATE” declared for export to Singapore under the Regional Comprehensive Economic Partnership Agreement (RCEP). Valued at 1.365 million RMB, the goods were suspected of trademark infringement. Guangzhou Customs detained the products and subsequently imposed administrative penalties, reinforcing Customs’ commitment to supporting RCEP’s IP protection framework and enhancing cross-border infringement governance.

Another case in August 2022 involved Shenzhen Customs detaining 3,539 imported down jackets bearing “MLB” and other marks. The goods, valued at 455,600 RMB, were suspected of trademark infringement. Customs’ investigation led to confiscation and fines, illustrating its role as a national gatekeeper preventing counterfeit goods from entering the domestic market.

In July 2022, Huangpu Customs in Guangzhou protected the invention patent rights of a mineral processing company by detaining mining equipment suspected of infringing patented spiral chute technology. The rights holder had obtained invention patents in six countries and faced market share erosion due to counterfeit products. Customs’ swift action and cooperation with the courts exemplify support for small and medium-sized enterprises (SMEs) and innovation protection.

Jiangmen Customs, in June and August 2022, seized 15 containers of motorcycle engines and accessories suspected of infringing the “Haojiang” trademark. Valued at over 9.4 million RMB, the seizure was followed by identification of 24 additional undeclared containers. Customs coordinated with the Market Supervision Administration and judiciary to secure property preservation orders, demonstrating effective cross-departmental collaboration in IP enforcement.

Lastly, in January 2022, Yangshan Customs under Shanghai Customs intercepted over 105,000 auto parts including spark plugs and piston rings bearing “TOYOTA,” “FORD,” and other automobile brand logos concealed within export shipments. Valued at more than 610,000 RMB, these goods were confirmed as infringing by rights holders, underscoring Customs’ vigilance in protecting foreign-funded enterprises’ IP rights.

These cases collectively highlight China Customs’ multifaceted approach to intellectual property protection, encompassing import and export controls, criminal referrals, administrative penalties, and inter-agency cooperation. The enforcement actions not only protect IP owners and consumers but also support the broader objectives of economic development, innovation, and international trade compliance.