Export Agent Becomes Accessory to Infringement? Foreign Trade Professionals, Check Now!

Mr. Zhuang recently received a transnational lawyer's letter alleging that toys he sold through an export agent infringed on intellectual property rights, facing high compensation. He was bewildered - "The agent clearly said the product was fine, how did it suddenly become an infringement?" In fact, such incidents have surged in recent years. Export agent infringement is becoming a Damocles sword hanging over the heads of foreign trade practitioners.

Three Typical Scenarios of Export Agent Infringement

When you suddenly receive a delisting notice on an e-commerce platform or your goods are detained by customs, you may have already become entangled in an infringement vortex:

• "Private Labeling" Becomes "Minefield": The agent arbitrarily uses unauthorized brand elements. Mr. Zhuang clothing was completely destroyed because the buttons were printed with a certain sports brand logo;
• Patent Blind Spots: The agent failed to verify technical patents, and a certain mechanical accessory constituted infringement in the destination country;
• Document Forgery: Forging intellectual property declarations, leading to cargo detention at the destination port.

Why Are Agents a Hotbed for Infringement?

Research by Zhongmaoda's cross-border legal team shows that 80% of cases stem from:

• Some agents **intentionally conceal infringement risks** to win orders;
• Lagging updates on intellectual property regulations in emerging markets;
• Replacing legal review with "industry practices," such as assuming similarity in appearance does not constitute infringement.

Build a Firewall in Three Steps

"Prevention costs are always lower than litigation costs." It is recommended to take the following measures:

• Clearly define **infringement liability clauses** when signing contracts and require agents to provide intellectual property search reports;
• Conduct **dual-track verification** through lawyers in the destination country to cross-check information provided by the agent;
• Retain all communication records, including product descriptions, design drawings, and other key evidence.

When Infringement Occurs, How to Mitigate Losses?

If you have received an infringement notice:

• Immediately stop sales and **request a statement of facts from the agent**;
• Assess **whether substantive infringement has occurred** through professional institutions;
• Consider proactive settlement or defense; delaying may lead to punitive damages.

Export agents should be bridges, but they can become minefields due to non-compliant operations. Is your cargo truly safe? Welcome to share your experiences or questions in the comments section, and let us collectively guard the red line of cross-border trade compliance.