Court: Guangzhou Maritime Court (2024)
Facts: A Foshan ceramics company (petitioner) owned the "XX Ceramics" registered trademark, but its EU-bound goods were detained by German customs on suspicion of infringing an Italian company's design patent. The petitioner urgently applied to the Guangzhou Maritime Court for a maritime injunction ordering the carrier to suspend delivery and provide shipping documents for IP confirmation proceedings.
Holding:
(1) Finding prima facie evidence of lawful IP ownership and irreparable harm absent injunctive relief, the court granted the maritime injunction;
(2) The injunction ordered the carrier to suspend delivery and provide the B/L, packing list, and other documents;
(3) The petitioner used the injunction and evidence to seek German customs release, ultimately establishing non-infringement and clearing the goods.
Significance:
· Innovates a coordinated mechanism of maritime injunction, customs protection, and cross-border enforcement, providing an efficient path for exporters facing overseas detentions;
· Highlights the maritime court's role in cross-border IP disputes, filling the time gap left by traditional channels;
· Reminds exporters to prepare IP filings and use maritime injunctions to mitigate overseas detention losses.