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  • Typical case of administrative protection of intellectual property in jiangmen city, guangdong provi

       2026-09-15 NetworkingName690
    Key Point:Typical case of administrative protection of intellectual property in the city of jiangmen in 2025In 2025, the city-wide market regulatory system strengthened intellectual property law enforcement, improved the effectiveness of administrative protection of intellectual property, effectively upheld the legitimate interests of intellectual property rights holders and consumers, and vigorously promoted a level playing field and a secure consumer env

    Typical case of administrative protection of intellectual property in the city of jiangmen in 2025

    In 2025, the city-wide market regulatory system strengthened intellectual property law enforcement, improved the effectiveness of administrative protection of intellectual property, effectively upheld the legitimate interests of intellectual property rights holders and consumers, and vigorously promoted a level playing field and a secure consumer environment. Typical examples are published。

    I. Typical case of administrative protection of trademarks

    (i) violations of the right of the market supervision authority of the poonjiang district of jiangmen city to register the trademark “nvc light” case

    Fact sheet: in december 2024, the market control authority of the phongjiang region handed over a lead from the people's procuratorate of liangping district, chongqing city, identifying wu xiao's purchase of an unmarked “white-skin lamp” between april and october 2023 and selling it through a treasure shop with a fake “nvc ray light” trademark. Wu xiao paid back the proceeds of the violation and paid compensation to the right-holder after the incident was committed, with understanding. In accordance with articles 57 and 60 of the trademarks law of the people's republic of china, the market supervision authority of the pounjiang district ordered the person concerned to immediately cease the violation and impose a fine。

    Typical significance: this case relies on a cross-regional cross-sectoral collaborative mechanism to achieve a seamless link between executions and to provide examples of practice for the transfer of leads and mutual recognition of evidence in similar cases. At the same time, the full re-use of evidence at the criminal stage and the repetition of evidence highlight the advantages of the “two-way interaction” system。

    (ii) violations by the market monitoring authority of the jianghai district of jiangmen city of the right to exclusive use of the “rase light” registration trademark case

    Briefing: in april 2025, the market supervision authority of jianghai district, under a unified operation arrangement of the general directorate of market supervision, carried out an inspection of a lighting technology company, ltd., in the city of jiangmen, and found that it had been commissioned by a company in shandong to produce products for alleged abuse of light. During this period, the investigation was suspended by law due to the existence of a trademark authorization dispute and resumed after the supreme people's court had ruled that the disputing parties had lifted their authorization and were legally valid. According to article 57 of the trademark law of the people's republic of china, the market supervision authority of the jianghai district found that the company constituted a violation of the law, but given that the person concerned was not aware of the authorization to terminate and that the termination was permitted without being filed, it was consistent with article 43 of the trademark law of the people's republic of china, “a bona fide third person”. In accordance with the law, the market authority of the jianghai district has ordered that violations be corrected, that administrative penalties not be imposed and that the destruction of offending products be monitored。

    Typical significance: in the present case, there is a clear synergy between the administration of justice and the administration of justice, a legal suspension during the tenure dispute, a timely judicial review and avoidance of conflict between the administration of justice and the administration of justice, while at the same time rejecting “one size fits all” enforcement, balancing strength with temperature and reflecting the principle of objective and uniform enforcement。

    Abuse of intellectual property rights

    (iii) violations of the right to exclusive use of the trademarks registered by the market supervision authority of the new council of jiangmen city case

    Fact sheet: in july 2024, the new council district market supervisory authority, based on a lead examination, found that a company in guangdong had been commissioned by two subordinates of the same office to produce leather with a “symphony hall” marking kit provided by it. A letter was sent to the market supervisory authority of the eastern city of beijing to confirm that the right-holder had not granted the two subordinate companies that provided the packages the right to use the trademark. In accordance with articles 57 and 60 of the trademarks act of the people's republic of china, the market supervision authority of the new zealand district ordered the person concerned to cease the infringement, confiscate the infringement goods and impose a fine。

    Typical significance: this case reflects the efficiency of cross-regional administrative law enforcement collaboration and guarantees the accuracy of the factual findings of the case. At the same time, the administrative protection of the old chinese characters and brand names has been strengthened to send a strong signal to society that intellectual property rights are respected and brand values are preserved。

    (iv) violations of the right to exclusive use of “htdz” registered trademarks by the market supervision authority of nping city case

    In october 2024, the market supervision authority of the city of nping carried out a legal inspection of an electronic technology company in the city of nping, which revealed that the person concerned had not been licensed by the trademark holder to produce a soundbox marked “htdz”, a power time sequencer in one block and a silk copy in one block, and that the product had not yet been sold. In view of the minor nature of the offences committed by the persons concerned and the low degree of social danger, the nping city market supervisory authority, in accordance with articles 57 and 60 of the trademark law of the people's republic of china and article 17 of the applicable rules of the guangdong province market supervisory authority on the discretionary powers of administrative penalties, imposed a light penalty and ordered the immediate cessation of the violation, the confiscation of the offending items and the imposition of a fine。

    Typical significance: in the present case, the trademark registered as an enterprise with the same status as a local enterprise with a lesser number of offences, the market order of fair competition was upheld by the timely suppression of violations and the imposition of legal penalties, the confidence of legitimate enterprises in innovation was enhanced and the rule of law was guaranteed for the high-quality development of the local economy。

    Typical cases of patent administrative protection

    (i) the market supervision authority of the poonjiang district of jiangmen city deals with patent infringement disputes over the appearance of motorcycle design

    Fact sheet: the honda technical research industrial branch has a patent on the appearance of a design called “motor motorcycle”. In september 2025, it filed a processing request with the market regulatory authority of the phongjiang district, claiming that the requested person, jiangmen ltd., had promised to sell the same patented tort products at the exhibition by means of a catalogue of products, and had made a model car to be displayed at the exhibition hall, requesting that the violation be stopped. The requested person argued that no tort products had been manufactured and that the samples provided to the client by the cars in the exhibition hall had been used only for research and technical research and had not been sold or promised. Based on an on-site survey, only one unmarked vehicle was found in the requested exhibition hall, with no other products of abuse and no evidence of manufacture. In accordance with article 65 of the law of the people's republic of china on patents, article 31 of the law on administrative award and conciliation of patent disputes and article 35 of the regulations on patents of guangdong province, the market superintendence of the punjiang region decided to confirm that the products charged fell within the scope of patent protection and ordered the requested person to immediately cease promising sales and to reject the applicant's other requests。

    Abuse of intellectual property rights

    Typical meaning: this case is a typical case of strict adherence to the principle of “who claims to prove” and clarification of the delineation of the burden of proof of patent infringement. A closed ring mechanism is formed by a rigorous on-the-spot examination to determine the consequences of proof and by extending the chain of protection。

    (ii) the taishan city market supervisory authority handles patent-infringing disputes over the appearance of the “chip” design

    Fact sheet: in august 2025, the applicant filed a request for processing with the taishan city market supervisory authority, claiming that the requested person was selling, promising to sell, to a private company in taishan city. On the day the case was opened, the taishan city market supervisory authority conducted an on-site survey at the site of the requested person, the requested person agreed to conciliate and the representative of the follow-up applicant also agreed to conciliate. The collegiate group conducted a comparative analysis of the patent in question against the product alleged to have been tort, then communicated separately with the parties, clarifying the stakes and eventually resulting in a conciliation clause. Since the respondent's legal representative is not present in the country, the parties to the collegiate organization conciliate in writing to settle the case。

    Typical meaning: this case is a typical example of the concept of “conciliation priority, division” efficient and soft law enforcement. Actively leading to voluntary mediation between the parties on the basis of a legal examination, prompting a written agreement, avoiding lengthy litigation and reducing the costs of advocacy and response。

    (iii) municipal market supervision authority to deal with patent infringement disputes over “micro-collar collar box” designs

    Fact sheet: in february 2024, the applicant, wu choi, filed a request for redress in relation to a violation of the rights of the requested person at a plastic plant. Following an on-site examination, investigation and the organization of an oral hearing, it was established that the applicant had committed an act of manufacturing and promising to sell tort products, that the existing design defence was not valid and that the alleged product fell under patent protection. In july 2024, pursuant to articles 11, 64, 65, 67 of the patent law of the people's republic of china, article 19 of the law on the administration of patents and article 35 of the regulations on patents of the province of guangdong, the municipal superintendence of cape town ordered it to cease its infringement and to destroy specialized moulds. The applicant pleaded not to initiate proceedings, and the guangzhou court of intellectual property rejected his application at first instance and applied for reconsideration on the grounds that the patent had been declared invalid. The higher people's court of guangdong province, in accordance with article 47, paragraph 2, of the law of the people's republic of china on patents, considered that the decision to quash had no retroactive effect on the treatment of patent tort disputes that had been performed and rejected its application for reconsideration。

    Typical: this case clarifies the retroactive effect of a patent on the performance of an administrative decision when it is finally declared invalid, the decision to expressly declare nullity has no retroactive effect on the treatment of an administrative decision, preserves the certainty and enforceability of an administrative decision and is an important source of inspiration for dealing with disputes arising from changes in the effects of subsequent patents of the same kind。

    Examples of administrative protection of geographical indications

    (i) irregular use of the name of the “new council parch” geographical marker product by the market supervision authority of the new council of jiangmen city case

    Abuse of intellectual property rights

    Briefing: in august 2025, the new council district market supervisory authority examined a shop in the new council area which had found that the parties had purchased 500 grams of chen pi and had used the name “new council leather” for foreign sales without obtaining material that met the “new council” geographical marker product standards and regulatory requirements (production, storage, sale and geographical marker use of a management desk account, etc.). 250 grams sold, 750 dollars in business and 250 grams in stock. The unit found that the person had violated article 20, paragraph 1 (b), of the guangdong geographical signs ordinance, corrected the order, confiscated the evidence and proceeds of the offence, and imposed a fine。

    Typical significance: this case is a typical case of preserving the unique value of geographical marker products and safeguarding the development of regional niche industries. The unauthorized use of the name “new society leather” for sales of non-standard products is checked and the integrity of the product and the good order of industry is protected from the source。

    (ii) infringement of the use of the name of the “new plaque” geographical logo by the market supervision authority of tsuruyama city case

    Briefs: the new meeting needs to meet both the “new meeting, new meeting, new meeting”. In july 2025, an inspection of a comptoir in the city of tsuruyama by the sunshan city market control authority found four packages of outsourced bags marked with “new society leather”. It was found that the parchment, which was taken by the party from the farm in the new zealand area, and which, after drying up, was stored in the city of tsuruyama, was naturally dated and did not meet the criteria of “storage for more than three years within the protected area”, with a value of $598. On the basis of article 20, paragraph 1 (b) (v), and article 26 of the guangdong geographical signs ordinance, the xueshan city market supervisory authority corrected the order, confiscated non-conforming leather and imposed a fine。

    Typical significance: the case highlights the core features of the new council of the new council, the precise application of special local regulations to impose penalties, the strong deterrent to the irregular use of geographical indications for product names and the effective maintenance of the new council's brand credibility。

    Iv. Typical cases of data intellectual property protection

    Digital intellectual property for the 3d model of the flathouse provides a new paradigm for cultural heritage protection

    Case brief: in response to the natural weathering of the “opening building” of the world cultural heritage and the lack of rights to digitalized results, cape town used the technique of “open space integration” for high-precision collection, completed the registration of intellectual property rights in the “three-dimensional model of the city's digital resource number mapping building” (registration no. Sz205220002983), and built an entire landscape to apply ecology to achieve preventive protection, academic research, public participation and the realization of market value。

    The case highlight: “the three-dimensional model of the digital resource painting building of cape town” as the first intellectual property registration of high-precision 3-dimensional model data across the province in the area of cultural heritage has broken the traditional “heavy, light data” limitation by creating a coordinated protection system for “technologies + cultural verification + property registration” and by in-depth activation of the cultural brigade economy to promote a virtuous cycle of cultural protection and benefits。

     
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