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

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 ” (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.