Infringing Goods refer to import and export goods that, without the authorization of the intellectual property rights holder, use their trademark, patent, copyright, or design, or falsify the place of origin or manufacturer name. In foreign trade, customs may, based on the TRIPS Agreement and domestic laws (such as China's Regulations on Customs Protection of Intellectual Property Rights), detain suspected infringing goods upon application or ex officio. Usage scenarios include: infringement discovered by customs during inspection, rights holder applying for customs protection, cross-border e-commerce platform complaints, etc. Precautions: Infringing goods may be confiscated or destroyed, and enterprises may face fines or even criminal liability; before export, conduct intellectual property due diligence and obtain authorization or proof of legal source. Difference from 'counterfeit goods': Infringing goods cover a broader scope, including patent infringement and copyright infringement, while counterfeit goods specifically refer to trademark counterfeiting. Difference from 'prohibited goods': Prohibited goods involve national security and public morals, while infringing goods mainly violate private rights.
📝 Examples
1. During inspection, customs found that the goods used a trademark of a well-known international brand, and the shipper could not provide an authorization letter, so they were identified as infringing goods and detained. (Note: Customs detained the infringing goods ex officio.)
2. Because the appearance of the exported toys was highly similar to a patented product, the rights holder applied to customs for protection, and the infringing goods were confiscated and destroyed. (Note: Patent infringement led to the destruction of the goods.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
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