For years, the Rouse Guangzhou office and its strategic partner Lusheng Law Firm have been assisting clients in taking action against infringing exhibitors at the Canton Fair, the world’s largest import and export exhibition. During this time, we have witnessed a significant strengthening of IP protection by enforcement authorities and the event organizers.
What do IP rights owners think about the importance of protecting their intellectual property at the Canton Fair? Recently, Sophia Hou, the Managing Partner of Lusheng Guanghzou office and the Head of the China Enforcement Group, interviewed Mr. Drew Lamb, Vice President of Intellectual Property at Samsonite. He shared his insights on how continuous and resilient enforcement efforts, in collaboration with on-site authorities and organizers, have proven to be both worthwhile and impactful.
In this article, we present the key takeaways from this interview, aiming to encourage IP rights owners to adopt more proactive measures at the Canton Fair to deter infringement.
Samsonite has been taking action at the Canton Fair since 2012 at nearly every luggage exhibition session. We can identify trends in the copying of our products and designs and take steps to stop the infringement before they reach global markets. We also believe it is important to try to continuously educate suppliers, through oral warnings and other actions, not to copy our designs and products, as well as the specific features they should not copy. We seek to encourage them to produce different designs and products. This can effectively be done in one go at the Canton Fair with so many exporting exhibitors and also visiting traders. It's a budget well spent.
We have seen a reduction in the copying of our IP rights over the years. In earlier years, we encountered counterfeit products featuring our brand, such as Samsonite luggage and backpacks, as well as 1:1 copies of our iconic Cosmolite luggage design. These represented straightforward trade mark and design patent infringements, and we filed complaints with the on-site Complaint Center to have them removed from display.
In recent years, we have noticed fewer direct copies and a decline in the replication of older designs. Instead, we have observed a trend of suppliers exhibiting more variations of our original products. We consider this a positive outcome of our ongoing efforts, as we believe it is acceptable for them to be inspired by our designs, but not too closely, in creating their own designs which do not infringe our rights. Providing verbal warnings assist in this education to avoid such direct copes.
I have personally joined the Rouse enforcement team periodically to walk through the luggage section to get a feel for the products and how close they may be to ours as well as the scale, and engage with exhibitors in person, educating them about the importance of not copying us in good faith. Several exhibitors have recognized me and taken the initiative to show me their booths, demonstrating that they have stopped displaying the infringing copies identified during previous sessions. Some have even expressed a willingness to cooperate with Samsonite. I am pleased to see that suppliers’ awareness of the importance of not copying Samsonite has significantly increased.
We have also seen a much-improved attitude, and assistance from the Fair organizers and IPR enforcement centre over the years from and from our initial approaches. This in conjunction with online systems has led to improved handling of complaints. We also welcome alternative ways of handling copies of our products by Fair organizers to efficiently solve multiple complaints that would have been too much of burden to the enforcement officials to handle within limited exhibition time period.
In general, we find that the enforcement officials at the Complaint Center and the organizers are becoming more open and receptive to IP complaints. I remember when Samsonite began its IP protection efforts was a battle because each session lasted only five days, and the complaint process was slow. This meant that enforcement officials could not promptly handle multiple complaints in a timely manner. There was little point in acting against infringing exhibitors on the fourth day when the five-day session is nearing its end.
Over the years, we have encouragingly experienced quicker and more efficient enforcement at the Fair. For example, regarding our patented B-lite handle design, we continue to encounter copies at every session, and we consistently file complaints with the Complaint Center for their removal. Now, the officials are familiar with this design, making it easier for them to make quick decisions. To alleviate the burden on enforcement officials who handle numerous complaints from different IP rights owners within the limited time of the exhibition, the Canton Fair organizer has also sent experts to assist in managing some of the complaints.
At the May Canton Fair this year, we had a constructive meeting with a manager from the Fair organizer (the “Manager”) responsible for handling IP infringement complaints. He informed us that IP protection at the Canton Fair is becoming increasingly important for the organizer, both during and outside of the Fair sessions. As each Canton Fair approaches, they send notices to all potential exhibitors, alerting them not to infringe on others' IP rights and providing a list of key IP rights that have been commonly identified in previous sessions. I was pleased to see that Samsonite was included on that list.
After each session of the Canton Fair we understand and welcome that the Guangdong Provincial Intellectual Property Bureau transfers any filed complaints to the relevant local enforcement authorities with jurisdiction over the concerned exhibitor for further investigation. I expressed Samsonite’s appreciation for the follow-up efforts by local AMRs (Administration for Market Regulations) and shared with the Manager the two cases that were transferred to the Tianjin AMR and Hangzhou AMR for infringing Samsonite’s design patent rights. Both cases were resolved satisfactorily for us: one case resulted in a penalty decision from the AMR, while the other was settled through mediation with damages paid. We welcome such coordinated action and follow-up.
As I mentioned earlier, exhibitors are increasingly seeking ‘inspiration’ from Samsonite, which continues to launch innovative new designs. Nowadays, while we continue to see direct copies, we also see more variations of products. Sometimes, they imitate our most distinctive designs to attract potential customers, attempting to present their products as similar to those of Samsonite, the global market leader in luggage. However, aware that they may infringe on our rights, they often create variations that avoid directly copying our original designs, but which may still be a concern and infringe our rights, but which are more challenging for the officials at the Complaint Center to assess within the limited timeframe available for action.
We have also seen an increasing awareness of Intellectual Property rights (patents, designs and trademarks) and that such rights should be respected and not be infringed,
Preparation and getting involved are key. Intelligence gathering is the first step and involves surveying the relevant categories of products at the fair and identifying which designs and products are being copied. The results of previous fairs and what is in the market can assist in identifying which designs are being copied. Before taking action at the Canton Fair, ensure that all necessary paperwork, such as the Power of Attorney (POA), trade mark registrations, and patent certificates, are properly prepared in advance. If the initial survey reveals unexpected infringements of certain design patents, which is always the case, these can be noted, verbal warnings given and then formal enforcement action at the next Canton Fair once you have the patent certificate and evaluation report in place if they are seen again.
It is crucial for IP rights owners to collaborate closely with enforcement officials in addressing infringers, as there is limited time. Officials need to quickly understand your patent in order to assess infringement and make decisions. Additionally, it’s important to educate suppliers not to copy our designs and to encourage buyers to be vigilant against purchasing copycat products.
Overall, if the exhibitors believe it is important to attend the fair and show infringing copied designs, then we believe it is equally important for us to attend and get such infringing copy products removed from display and to send the message that such copies will not be tolerated, as well as try to dissuade anyone from copying our products and designs. We appreciate the IP protection system provided at the Canton Fair, and we will continue to take action at the Fair while communicating to suppliers the importance of respecting intellectual property rights.
