Overview
A Hong Kong-related e-commerce business faced a design patent infringement claim before the Guangzhou Intellectual Property Court after selling an electric fabric shaver through an online retail platform.
The patent owner alleged that the product sold by the client infringed its registered design patent and sought legal remedies against multiple parties involved in the distribution and supply chain.
Representing the defendant, Yu Yuting, Attorney at NEO-ARK Law Firm, developed a defence focusing on both the substantive comparison between the accused product and the patented design and the client's lawful source of the products.
The plaintiff subsequently voluntarily withdrew the lawsuit. The court approved the withdrawal, and the client was not ordered to pay damages.
Can an E-Commerce Seller Defend a Design Patent Infringement Claim? A China IP Litigation Case
| Item | Details |
|---|---|
| Practice Area | Intellectual Property Litigation |
| Case Type | Design Patent Infringement Dispute |
| Cross-Border Element | Hong Kong – Mainland China |
| Client | E-Commerce Trading Company |
| Industry | Consumer Electronics |
| Product | Electric Fabric Shaver |
| Core Legal Issues | Design Patent Infringement & Legitimate Source Defense |
| Dispute Value | Approximately RMB 300,000+ |
| Resolution | Plaintiff Voluntarily Withdrew the Claim |
| Lead Lawyer | Yu Yuting / Sun Jianhui |
| Law Firm | NEO-ARK Law Firm |
Case Snapshot
Client's Situation
1. Patent Infringement Claim
The plaintiff alleged that the client's electric fabric shaver infringed its registered design patent.
The claim was brought before the Guangzhou Intellectual Property Court and involved several parties within the product distribution chain.
2. Dispute Over Product Design
The defence examined the visual and structural features of the accused product and identified differences in several design elements, including the indicator light, control openings, handle structure, and opening mechanism.
The client therefore disputed the allegation that the accused product was identical or substantially similar to the patented design.
3. Lawful Source of the Products
The client had purchased the products through an established online procurement channel and had paid consideration for the goods.
The defence therefore also examined whether the client could rely on the legitimate source defence available under Chinese patent law.
4. Product Removal
Before the litigation, the client had already removed the relevant product from sale.
This was also taken into consideration as part of the overall defence strategy.
Outcome
The plaintiff voluntarily withdrew the lawsuit during the proceedings.
The Guangzhou Intellectual Property Court approved the withdrawal, with the plaintiff bearing the court acceptance fee.
The client was not ordered to pay damages or other infringement compensation.
The result protected the client's commercial interests while avoiding further litigation exposure.
Why This Case Matters
Online sellers can face intellectual property claims even when they are not the manufacturers of the disputed products.
For e-commerce businesses, a strong response to a patent infringement claim may involve more than simply arguing that the product is different.
The seller's procurement records, transaction history, supplier information, product comparisons, and actions taken after receiving the claim may all become relevant to the defence.
This case demonstrates the importance of responding quickly to a patent claim and developing multiple lines of defence rather than relying on a single argument.
Frequently Asked Questions
Can an e-commerce seller be liable for selling a product that allegedly infringes a design patent?
Potentially, yes.
The seller's liability depends on the applicable patent law, the circumstances of the sale, the nature of the alleged infringement, and available statutory defences.
What is the legitimate source defence in China patent disputes?
Under certain circumstances, a seller may defend against a patent infringement claim by demonstrating that the allegedly infringing products were obtained from a legitimate source and that the statutory requirements are satisfied.
Whether the defence applies depends on the specific facts and evidence.
Why are procurement records important in patent litigation?
Purchase contracts, invoices, payment records, supplier information, and other transaction documents can help establish where products came from and may be important when a legitimate source defence is raised.
Does removing a product from sale eliminate patent infringement liability?
Not necessarily.
Removing a product may help limit continuing commercial exposure, but whether a party remains liable for past conduct depends on the applicable law and circumstances of the case.
Key Takeaways
- E-commerce sellers can face design patent infringement claims even when they are not manufacturers.
- Product design comparison is an important part of defending a design patent claim.
- A legitimate source defence may be available where its statutory requirements are satisfied.
- Procurement and payment records can be critical in protecting an online seller.
- Early legal action can help reduce litigation and commercial exposure.
About the Author

Yu Yuting
Partner | NEO-ARK Law Firm
Lawyer Yu focuses on foreign-related litigation, cross-border disputes, commercial matters, and legal services for overseas individuals and businesses in China.
Email: [email protected]
About NEO-ARK Law Firm
NEO-ARK Law Firm provides legal services in foreign-related litigation, commercial disputes, family law, and cross-border legal matters, assisting both international and domestic clients throughout China.










