In Part 1 (https://rouse.com/insights/news/2025/navigating-patent-administrative-enforcement-in-china-part-1) of our two-part series, we explored the significance of patent administrative protection in China and its role in safeguarding patent rights through efficient enforcement. In Part 2, we present case studies from 2023 that showcase the Guangdong Provincial Market Supervision and Administration's efforts to enhance IP protection and effectively resolve patent disputes while combating infringement and counterfeiting.
In 2023, the Guangdong Provincial Market Supervision and Administration handled notable cases to strengthen intellectual property protection. These cases cover a range of rights, including patents, trademarks, and geographical indications, showcasing the province’s commitment to combating infringement and counterfeiting. By releasing these typical cases, the administration aims to illustrate the effectiveness of its enforcement efforts and promote a fair market environment.
For details, please refer to: Information source: Guangdong Provincial Administration for Market Regulation Time: June 18, 2024
The Guangzhou and Wenzhou Market Supervision Administrations collaborated on a patent infringement case involving a utility model patent for a “pre-pressing device for cutting film of window sticking machines.” The applicant, who held the patent, claimed infringement during the South China International Printing Exhibition. The two administrations coordinated to resolve the dispute through mediation, resulting in the respondent halting the infringement and paying a rights protection fee.
This case has transformed the administrative adjudication process for patent infringement disputes by establishing a cross-regional administrative protection framework through procedural linkage, technical support, and cross regional collaboration.It effectively addresses the root cause of patent infringement in a timely manner. Furthermore, the case’s management spans pre-exhibition, during the exhibition, and post-exhibition phases, offering valuable insights for developing new models to resolve exhibition-related patent disputes and enhancing the long-term impact of administrative oversight on illegal activities at exhibitions.
In this case, the patentee of an invention for a “Starry Sky Projection Lamp” sought administrative action against an electronic company in Shenzhen for patent infringement. The respondent failed to defend their case. Without the support of the respondent's defense, the technical investigator was commissioned to participate and provide a comparative opinion on whether the accused infringing product falls within the scope of patent protection, providing professional technical support for the fair handling of this case. The administrative ruling ordered the company to cease selling the infringing products and remove them from e-commerce platforms. The case highlighted the importance of technical investigations in resolving complex patent disputes.
The Yuexiu District Market Supervision Administration addressed a dispute involving a patent for “Dipeptidyl Peptidase Inhibitors.” The applicant alleged that a competitor participated in centralized procurement of infringing products without permission. The investigation confirmed that the competitor’s products fell within the patent’s scope, leading to an administrative ruling to halt sales. This case underscores the significance of protecting pharmaceutical patents for public health and market competition.
The Foshan Market Supervision Administration handled a case involving an “Articulation Device and Storage Device” patent. The applicant provided evidence that the respondent was manufacturing and selling infringing products. The administration ruled in favor of the applicant, determining that the products violated the patent’s claims. This case is notable for its focus on environmental features in patent claims and reinforces the criteria for determining infringement.
The Dongguan Market Supervision Administration dealt with multiple infringement cases regarding a design patent for a “Controller for Electronic Devices.” The applicant submitted 13 requests against various respondents. The administration adjudicated these cases simultaneously, ultimately ruling that the respondents infringed the design patent. This series of cases illustrates the effective coordination of law enforcement efforts in handling complex patent disputes.
In a case involving a patent for a method determining the height difference of a drum brake table, the Zhuhai Intellectual Property Office investigated a claim against an automobile testing company. Expert opinions indicated that the accused methods did not infringe the patent, leading to the rejection of the requester’s complaint. The subsequent legal proceedings reinforced the role of technical expertise in patent adjudication.
The Zhongshan Intellectual Property Office addressed a complaint regarding a design patent for a “Desk Lamp.” The applicant alleged infringement by 20 different enterprises on e-commerce platforms. Utilizing a coordinated law enforcement model, the administration facilitated mediation, resulting in all parties ceasing their infringing activities. This case highlights the benefits of comprehensive law enforcement in resolving multiple patent disputes efficiently.
The case involves a design patent dispute between two affiliated companies, one owning a patent for a "Lamp (Disk Module 9028)" and the other for a "Ball Bubble Lamp" along with six additional related patents. The requester alleged that a Jiangmen-based company infringed on their patent by manufacturing and selling unauthorized products. To resolve the issue, the Jianghai District Market Supervision Administration filed separate cases for the eight patents but opted for a joint trial due to the overlap in the products involved. A mediation agreement was reached and confirmed by the Guangzhou Intellectual Property Court on June 7, 2023. This case is notable for its innovative approach of merging separate filings, facilitating efficient mediation, and promoting collaboration between administrative and judicial bodies, ultimately reducing litigation burdens and enhancing the effectiveness of patent enforcement.
The Baiyun District Market Supervision Administration conducted an inspection of a cosmetics company suspected of producing counterfeit goods. The investigation revealed that the products were falsely labeled with a European patent number. Administrative penalties were imposed, including fines and confiscation of illegal gains. This case emphasizes the ongoing efforts to combat counterfeiting in the cosmetics industry.
In conclusion, Part 2 of "Navigating Patent Administrative Enforcement in China" underscores the Guangdong Provincial Market Supervision and Administration's commitment to enhancing intellectual property protection through a series of notable case studies. These cases illustrate innovative administrative methods, effective cross-regional collaboration, and the crucial role of technical investigations in resolving patent disputes. By showcasing successful enforcement actions against infringement and counterfeiting across various rights, this part highlights the importance of a robust administrative framework in fostering a fair market environment and promoting innovation in China.
The information in this article is for general informational purposes only and should not be considered as professional or legal advice. Please get in touch with us should you like to discuss further.
