Landy Jiang, a managing partner and co-head of dispute resolution at Lusheng Law Firm in Beijing, said: “This victory underscores the strength of trade dress protection in China, even after design patents expire. It demonstrates the court’s commitment to safeguarding intellectual property rights, combatting unfair competition and protecting genuine, iconic brands, particularly in the online marketplace. It also highlights China’s determination to target counterfeiters and copycats, sending a clear message to businesses operating in this space.”
She added: “This decision will serve as a valuable precedent for brand owners adding an additional layer of defence for those seeking to protect their unique product designs and will help shoppers from copycats moving forward.”
The victory represents the first case in which relief under China’s Anti-Unfair Competition Law has been granted to Casio for a product design with expired design rights. It sets an
important precedent for the industry, highlighting the tools businesses have at their disposal to protect their brands even after design patents expire.
Sales evidence has been extracted from several online platforms, including 1688 and Tmall where the defendants sold infringing watches. With the favourable judgment, Casio may also be able to extend protection on online platforms, as online platforms are increasingly willing to support unfair competition claims to clamp down on this practice on their sites.
- Excel V. Dyquiangco
