Law

Lego wins major copyright infringement case in China

The latest IP win for a major brand in China shows China’s commitment to cracking down on counterfeiting and copyright infringement

In April 2024, a Shanghai court handed a RMB 600 million (£66.5 million) fine to a company for criminal copyright infringement of Lego products and sentenced two key members of the business, brothers Chen XX and Chen YY, to eight and nine years in prison, respectively.

According to China IP Law Update, which translated a notice from Shanghai No. 3 Intermediate People’s Court, between 2016 and 2022, the company set up design, engineering, and production departments to exactly replicate the Lego bricks and packaging, having purchased authentic Lego products as a reference.

This case is the latest in a series of brushes with copyright infringement in China for Lego. The brand won its first copyright case in 2017, and in 2020, the people behind Lego clone Lepin were handed fines and jail terms.

As China IP Law Update pointed out, Shanghai is becoming somewhat of a “preferred venue for foreign rights holders for enforcement of criminal IP laws.” Also in April, the Shanghai No. 3 Intermediate People’s Court upheld a judgement sentencing a counterfeiter to five years in jail and a RMB 2 million fine.

And stronger IP enforcement is not just limited to Shanghai. Over the past year, courts across China have intensified efforts to crack down on counterfeiting. According to China Daily, punitive damages were applied in 319 IP cases in 2023, an increase of 117% compared to 2022.

Are you concerned that your brand’s rights are being infringed in China? CBBC’s new IP Monitoring Service can help. CBBC’s intellectual property team will conduct a thorough search of the major Chinese e-commerce platforms to provide in-depth research into your trademark to see if infringers are selling your goods in China. Click here to find out more.

Photo: Brickset, Flickr

Robynne Tindall

Robynne Tindall is FOCUS's Editorial Manager

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