They have joined forces to help businesses expand overseas in compliance with regulations

"To do overseas business, you need to have a long-term vision and compliance is a prerequisite", "Overseas merchants must be careful to distinguish and not be misled by the platform into infringement traps and end up becoming the 'scapegoat'", "Prevent infringement on others, and also prevent infringement by others"... At the latest intellectual property empowerment charity event jointly organized by Zhongce Intellectual Property Research and S HEIN , these views have become the consensus of cross-border merchants.

It is understood that since its launch in April this year , Zhongce and SHEIN's intellectual property empowerment charity activities have continued. The latest offline training event was held in Guangzhou on August 16. Relevant responsible persons from the Guangzhou Municipal Market Supervision Administration, Panyu District Market Supervision Administration and other departments attended the event. Many senior experts in the field of intellectual property and law gave lectures on site, and in-depth analysis of intellectual property issues involving the clothing and other industries. Representatives from nearly 100 cross-border merchants and companies participated .

( The latest offline training event of the "Rare Gravitation·Innovation Era" IP Empowerment Program was held in Guangzhou)

"Small and medium-sized businesses should strengthen their awareness of intellectual property compliance and protection. At the same time, platforms should also take the initiative to 'clear mines' for businesses rather than 'lay mines'." This "Rare Gravity·Innovation Era" IP empowerment series of activities jointly built by multiple parties provides cross-border businesses with an effective intellectual property empowerment platform, which will help businesses achieve steady growth and high-quality development in the global market .

Overseas courts issued 10 temporary injunctions , requiring the cessation of infringement of SHEIN's own brand

As the globalization boom continues, domestic enterprises and brands are becoming more aware of intellectual property protection. S HEIN , which started as an independent brand in 2012 , has successfully created world- renowned fashion brands such as S HEIN . In the process, it also encountered brand protection issues. S HEIN is well aware of the role of intellectual property in brand development. It has built an intellectual property protection system that integrates copyrights, trademarks, patents and trade secrets . It has also realized the role of intellectual property in protecting brands and innovations , and provided a reference for other cross-border merchants to go overseas .

According to incomplete statistics, due to multiple infringements, foreign courts such as the United States have issued ten temporary injunctions (TROs) against the cross-border e-commerce platform TEMU and platform sellers, requiring them to stop infringing SHEIN and support SHEIN's protection of its own brand. In a ruling issued by the US court on June 17, a judge of the Eastern Division of the Northern District of Illinois Federal District Court determined that merchants on the e-commerce platform were suspected of infringing or counterfeiting 18 copyright designs registered by SHEIN in the United States and were issued a temporary restraining order.

Temporary injunctions such as TRO have a special status in the European and American judicial systems. They are court orders issued by the court to prevent the plaintiff's rights from being immediately and irreparably damaged, requiring the parties to maintain the status quo or prohibit certain behaviors. They are also emergency intervention measures. There are strict preconditions for the court to issue a temporary injunction, so the US court's support for the protection of SHEIN's own brand is of special significance.

Recently, Shenzhen Gaiyatuopu Network Technology Co., Ltd., a network technology company in Shenzhen, filed a patent infringement complaint against its handheld fans, dog toys, cloud LED lights and other products. These products are very popular in the market, but they have also been subject to a large number of intellectual property infringements.

These cases of protecting intellectual property rights during the overseas expansion process reveal the importance of establishing an intellectual property protection system for corporate brands in the “going overseas” trend. With the rapid growth of China’s cross-border e-commerce transaction scale, intellectual property disputes in the cross-border e-commerce field are also increasing. Intellectual property protection has become one of the factors affecting the healthy and sustainable development of the cross-border e-commerce industry.

(Lecture by Chen Quan, Director of Guangdong Province WTO/TBT Notification Consulting Research Center )

"Enterprises must not sit still when they encounter intellectual property issues during their overseas expansion." Chen Quan, director of the Guangdong WTO/TBT Notification Consulting Research Center, analyzed the latest trends and characteristics of international trade development. He believes that with the deepening of globalization, countries are paying more and more attention to the protection of intellectual property rights, the international intellectual property system is constantly improving , and overseas intellectual property disputes involve multiple fields such as patents, trademarks, and copyrights, which are diverse and complex .

Businesses going overseas should beware of infringement traps

Previously, Guangzhou merchants who participated in the training said that due to weak awareness of intellectual property compliance, some small and medium-sized merchants are easily misled and fall into infringement traps. In the end, they not only have to pay compensation or even be subject to criminal liability, but the response process is also time-consuming and labor-intensive. "As a supplier of an internationally renowned clothing brand, other platforms previously wanted us to put the styles we produced for this brand on their platforms. Through today's training, we have a clearer understanding that this practice is an infringement, and fortunately we did not do so (at the time)."

"Otherwise, the platform may be fine in the end, but the merchants will become the scapegoats." Merchants who participated in the empowerment training felt deeply that "to do overseas business, you need to have a long-term vision, and compliance is a prerequisite."

Just on June 7 , the above-mentioned United States District Court for the Northern District of Illinois also made a ruling against the infringing sellers on the e-commerce platform in the previous lawsuit, and at the same time restricted their financial accounts and used them for compensation.

Two employees of a cross-border women's clothing brand in Zhongshan came to Guangzhou to participate in this training. "Our company now attaches great importance to the protection of intellectual property rights. We must not infringe on others, nor be infringed by others. This awareness has been raised, but we don't know how to start. I was also inspired by the expert's lecture today, and I plan to continue consulting and follow up."

"Holding the ' Rare Gravitation ·Innovation Era ' IP Empowerment Plan charity event is timely and appropriate. " Yi Zhaohui, a first-level researcher (city management) of the Guangzhou Municipal Market Supervision Administration, pointed out in his speech at the event that with the accelerated transformation from "Made in Guangzhou" to "Created in Guangzhou", Guangzhou is committed to building an intellectual property protection system in line with international standards, and intellectual property work has achieved remarkable results. In recent years, Guangzhou's fashion apparel industry has continuously strengthened intellectual property protection, provided solid legal protection for original designs, and stimulated the innovative vitality of enterprises.

"Protecting intellectual property rights is protecting innovation." Song Jian, former member of the Judicial Committee, deputy inspector, and second-level senior judge of the Jiangsu Provincial High People's Court, elaborated on common risks such as trademark infringement, design plagiarism, and patent disputes based on real cases involving clothing intellectual property rights and unfair competition, and put forward targeted solutions and legal suggestions. Song Jian emphasized that establishing and improving intellectual property protection mechanisms can help companies move forward steadily in a highly competitive market environment and ensure the continued healthy development of their businesses.

(Taught by Song Jian, former member of the Judicial Committee of the Jiangsu Provincial High People's Court, deputy inspector, and second-level senior judge)

"Intellectual property rights, a seemingly abstract legal concept, are actually the sharpest competitive weapon in the hands of enterprises. " Chen Ting, deputy general manager of Guangdong Zhongce Intellectual Property Research Institute , co-sponsor of the S HEIN Intellectual Property Empowerment Program, said, " We hope that through the implementation of the IP Empowerment Program, we can guide enterprises to deeply understand the value of intellectual property rights, learn how to effectively use it to enhance their core competitiveness, and then promote enterprises to achieve high-quality and sustainable development. "

(Chen Ting, deputy general manager of Guangdong Zhongce Intellectual Property Research Institute, introduced the "Rare Gravitation·Innovation Era" IP empowerment plan )

At the 2024 Guangzhou Cross-Border Trade Fair on the same day as this IP empowerment event, Amazon, S HEIN , Lotte,
Coupang and other outstanding companies in the industry jointly issued five cross-border e-commerce initiatives, calling on the entire industry to work together, continuously improve service quality to enhance consumer trust, accelerate brand expansion overseas, promote technological innovation to improve industry competitiveness, strengthen industry self-discipline and maintain market order; deepen international cooperation to expand market space, call on the entire industry to strengthen regulations, protect intellectual property rights, resist unfair competition, and jointly promote the healthy and orderly growth of the industry and sustainable and standardized development.