Infringement in foreign trade refers to the unauthorized use of legally protected trademarks, patents, copyrights, or trade secrets without the permission of the intellectual property rights holder, thereby harming the legitimate rights and interests of the rights holder. It commonly occurs when export products are suspected of counterfeiting brands, using unauthorized technology, or copying designs. Usage scenarios include customs seizure, platform delisting, infringement litigation, and customer claims. Precautions: Foreign trade enterprises should conduct intellectual property due diligence in advance to confirm that products do not infringe rights in the target market; include intellectual property warranty clauses in contracts; and retain evidence of legitimate sources. Unlike 'counterfeiting,' infringement has a broader scope, covering patents, copyrights, etc.; unlike 'piracy,' which focuses on copyright infringement. Infringement may lead to destruction of goods, fines, or even criminal liability, so it must be taken seriously.
📝 Examples
1. A batch of toys exported by our company was detained by U.S. Customs and an infringement investigation was initiated because the appearance design was suspected of infringing a certain international brand's patent. (Note: Customs actively enforces the law, and goods are detained due to patent infringement.)
2. A customer complained that the product packaging we provided used an unauthorized cartoon image, constituting copyright infringement, and demanded immediate delisting and compensation. (Note: Copyright infringement complaints are common on e-commerce platforms and require rapid response to avoid account restrictions.)
💡 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)
For unfamiliar terms, use GlobalSync's multilingual email helper to confirm with your partner