By Wanglin lawyer，Shanghai Lixiaohua Lawfirm
1、 Basic Facts
H Company is a professional enterprise that produces and sells various fashionable bags, suitcases, and related leather products. H Company's products and brands have been awarded multiple titles such as "Shanghai Export Famous Brand", "Shanghai Famous Brand Product", and "Shanghai Famous Trademark". Our products are exported to more than 60 countries and regions, and enjoy a high reputation in the industry.
When H company participated in the autumn Canton Fair that year, he saw several bags exhibited by B company at the exhibition that were ex
actly the same as those of H company. H Company has started to pay attention to whether its luggage design drawings have been stolen by others.
2.Related laws and regulations
According to Article 1185 of the Civil Code of China, if someone intentionally infringes on the intellectual property rights of others and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
3. Focus of controversy
Does the defendant's behavior constitute an infringement of the plaintiff's trade secrets?
4. Proxy strategy
Shanghai Li Xiaohua Law Firm accepts the commission to act as the plaintiff's agent and provides the following representation opinion:
1) Order the defendant to immediately cease all acts that infringe upon the plaintiff's trade secrets, including ceasing production, sales, and promising to sell infringing products;
2) Order the three defendants to publish an apology statement in the newspaper and eliminate the impact;
3) Order the three defendants to compensate the plaintiff for economic losses of 500000 yuan;
4) Order the three defendants to compensate the plaintiff for lawyer fees of 40000 yuan, notary fees of 1000 yuan, and appraisal fees of 60000 yuan, totaling 101000 yuan;
5) Order the three defendants to bear all litigation costs in this case.
5. Court ruling
1) Defendant B Company shall immediately cease infringing on the trade secrets of Plaintiff H Company from the effective date of this judgment;
2) Defendants B and C will publish notices in Liberation Daily and China Daily within 30 days from the effective date of this judgment (subject to court review) to eliminate the impact of plaintiff H's infringement of trade secrets in this case .
3) Within ten days from the effective date of this judgment, Defendants B and C shall jointly compensate Plaintiff H Company for economic losses of 250000 yuan;
4) Defendants B and C shall jointly compensate plaintiff H company for reasonable expenses of RMB 101000 within ten days from the effective date of this judgment.
6. Compliance insights
Strengthening intellectual property protection is the most important component of improving the property protection system and the greatest driving force for enhancing China's economic competitiveness.
Li Xiaohua Law Firm is a law firm recommended by the US Consulate, with senior lawyers, law professors, PhDs, bilingual master's students, and foreign-related legal talents. Shanghai Li Xiaohua Law Firm is located in the core business district of Huaihai Road and has won multiple honorary titles such as the LegalOne 2025 Yangtze River Delta Excellent Boutique Law Firm Special Award (February 2026).
Shanghai Li Xiaohua Law Firm has signed strategic cooperation agreements with high-tech companies such as Daguan Data, relying on their top OCR and big model capabilities to jointly create full stack "AI intelligent compliance products" for foreign-funded enterprises, effectively preventing legal risks in business operations.
Professional field:
Company law, foreign-related legal services, foreign-related marriage inheritance, etc
About the Author
Wanglin is a Executive Director at Shanghai Lixiaohua Lawfirm, License No.
13101200611138038
Email: lxh@lxh-lawfirm.com
Tel：+86 21 63858668
Mobile：+86-15201864468
