A Shanghai Company Was Punished for Export Infringement of "SKF" and Other Trademark Bearings

On June 15, 2021, the Shanghai Customs website issued the Decision on Administrative Punishment of Bearing Cases in which Shanghai Xiyang Import and Export Co., Ltd. violated the exclusive rights of trademarks such as ' SKF ' ( Shanghai Customs No. 162, 2018 ).

Shanghai Customs of the People's Republic of China

Administrative penalty decision

Huguanzhizi (2018) No. 162

Name of Party: Shanghai Qianyang Import and Export Co., Ltd.

Customs registration number: 311296402U

Legal representative: Huang Bin

Address/Address: Room 1006, Building 2, No. 63, Liantai Road, Baoshan District, Shanghai

The parties commissioned Shanghai Yadong Customs Declaration Co., Ltd. to declare to the customs on September 2, 2018 that a batch of Chilean angular contact ball bearings were exported by general trade, and the customs declaration form was No. 223120180002947490. After investigation, the actual export goods were 102 angular contact ball bearings marked with the "SKF" trademark, 110 angular contact ball bearings marked with the "NSK" trademark, 85 angular contact ball bearings marked with the "NACHI" trademark, and There are 183 angular contact ball bearings with the "Koyo" trademark, and the total value of the above-mentioned goods is 326.4 US dollars. Regarding the above-mentioned goods, SKF Corporation, the owner of the "SKF" trademark, Nippon Seiko Co., Ltd., the owner of the "NACHI" trademark, Fujikoshi Co., Ltd., the owner of the "NACHI" trademark, and JTEKT Corporation, the owner of the "Koyo" trademark, all considered that the above goods that violate their trademark exclusive rights, and apply to the customs for protection of intellectual property rights.

After investigation, the Shanghai Customs believes that the ' SKF ' trademark, ' NSK ' trademark, ' NACHI ' trademark and ' Koyo ' trademark used in the angular contact ball bearing exported by the parties are the same as the ' SKF ' trademark, ' NSK ' trademark, ' NACHI ' trademark and ' Koyo ' trademark registered by the trademark holder, and without the prior permission of the trademark registrant.According to the provisions of Article 57 (1) of the "Trademark Law of the People's Republic of China", the above-mentioned goods are infringements of the exclusive right of "SKF" trademark, the exclusive right of "NSK" trademark of Nippon Seiko Co., Ltd., and "NACHI" of Fujitsu Co., Ltd. "Trademark exclusive rights, goods of JTEKT Corporation "Koyo" trademark exclusive rights. The export of the above-mentioned goods by the parties constituted an export of goods that infringed the exclusive rights of others’ trademarks.

The above is evidenced by the customs declaration documents for export goods, customs inspection records, the rights of the obligee, and the transcripts of the parties.

According to Article 91 of the "Customs Law of the People's Republic of China" and Article 25 of the "Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", our customs decided to confiscate 102 of the above-mentioned angular contact ball bearings marked with the "SKF" trademark. , 110 angular contact ball bearings marked with the "NSK" trademark, 85 angular contact ball bearings marked with the "NACHI" trademark, 183 angular contact ball bearings marked with the "Koyo" trademark, and fined RMB 230.

The parties shall, within 15 days from the date of service of the present penalty decision, comply with the above-mentioned penalty decisions in accordance with the provisions of Article 44, Article 46, and Article 48 of the "Administrative Punishment Law of the People's Republic of China".

In accordance with Article 9 and Article 12 of " Administrative Reconsideration Law of the People ’ s Republic of China, " Article 46 of " Administrative Procedure Law of the People ' s Republic of China , " the parties who refuse to accept the decision of this penalty may apply to the General Administration of Customs for administrative reconsideration within 60 days from the date of service of this penalty decision, or directly prosecute to the Shanghai Intellectual Property Court within 6 months from the date of service of this penalty decision.

According to Article 51 of the "Administrative Punishment Law of the People's Republic of China", if a fine is not paid when it is due, an additional fine of 3% of the fine may be imposed every day.

In accordance with the provisions of Article 93 of Customs Law of the People 's Republic of China and Article 60 of " Regulations on the Implementation of Customs Administrative Punishment in the People ' s Republic of China , " if the party fails to perform the punishment decision beyond the time limit and does not apply for reconsideration or file a lawsuit with the people 's court, the customs may pay the detained goods, articles and means of transport at variable prices according to law or with the guarantee provided by the party.  It can also apply to the people ’ s court for compulsory execution.

June 10, 2021