Intellectual Property, Information Technology & Cybersecurity

We acted for a multinational direct selling company, and this case concerns the sale of health supplement products in the mainland China. Our client's health supplement products are distributed through specific channels, and unauthorized sales through third parties' online platforms were discovered.

While claimed to be genuine products, it was revealed that the packaging of the products so sold on these third parties' online platforms, in particular the batch codes and tracking information printed on the packaging, were damaged. Our client therefore could not track the source and batch of the products (assuming that the products were genuine products) so distributed through these third parties' online platforms, and could not pursue contractual claim against the contractors who may be responsible for such unauthorized selling activities. Worse still, it was found that the information printed on the inner side of the container was also damaged, meaning that the infringer had to unseal the container and take out the content before the information printed inside could be removed.

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