Independent public case study · 2019 first instance · 2020 Hangzhou appeal
Wuliangye in China: Repeated Conduct and the Licence Chain
The selected Wuliangye dispute combines two questions that a commercial team should keep distinct: who is entitled to bring the claim, and what evidence shows repeated conduct. A history of penalties can matter, but it needs to be connected to the defendants, goods and later activity in the civil case.
Published 17 September 2026 · Named professional legal review not completed
Read the evidence and practical lessons ↓
Independent research into public disputes. These are not Trademarkora client matters or results. No relationship with, or endorsement by, any brand or person mentioned is implied.
Case at a glance
- Selected dispute
- Repeat infringement & licensing
- Brand / case
- Wuliangye
- Historical scope
- 2019 first instance · 2020 Hangzhou appeal
- Evidence
- [PUNITIVE-OFFICIAL]
- Editorial status
- Independent research; professional review pending
The specific rights
The official summary concerns an exclusive licensee enforcing selected Wuliangye rights against the specified retail conduct. It is not a complete statement of all Wuliangye licences or present ownership. [PUNITIVE-OFFICIAL]
Historical references only. No current registration snapshot is included; no present-day status or complete portfolio is asserted.
Selected timeline
- Before the civil caseEarlier enforcement
The summary records administrative penalties and a criminal conviction linked to repeated conduct. [PUNITIVE-OFFICIAL]
- 2019 case referenceHangzhou Railway Court
First instance applied the described two-times punitive assessment. [PUNITIVE-OFFICIAL]
- 2020 case referenceHangzhou Intermediate appeal
The appeal maintained the selected result. [PUNITIVE-OFFICIAL]
- 15 March 2021Official summary published
Publication in the SPC collection is separate from the judgment dates. [PUNITIVE-OFFICIAL]
Dates belong to the events shown. Source publication and access dates appear separately below.
What the sources actually establish
The SPC summary identifies the exclusive-license relationship and repeated counterfeit retail activity despite earlier enforcement. It describes a two-times assessment upheld on appeal. No total award is invented from that multiplier. [PUNITIVE-OFFICIAL]
Map the authority to act
A brand owner, exclusive licensee and distributor may all have a commercial interest in stopping counterfeit sales. Before preparing a claim, identify the exact entity that will act and the documents supporting its role. Keep the licence, territory, period and covered signs together. A familiar trading relationship is not a substitute for the relevant authorization.
If the agreement has been amended or the business reorganized, preserve the sequence rather than presenting only the latest signature page. Ask the adviser which entity should instruct the matter and what additional documents are needed. This reduces the chance that the evidence of infringement is ready while the authority file still contains unresolved gaps.
Connect earlier decisions to later conduct
An earlier penalty is useful only when its scope and connection to the new allegation are clear. Record the decision-maker, subject, goods, entity and date. Put later observations beside it and identify what links them. A common shop name or address may raise a question, but it should not silently establish that every act belongs to the same responsible person.
Keep administrative, criminal and civil materials in separate folders with cross-references. They can describe related conduct while serving different purposes. Do not add a criminal fine to a civil award and call the sum compensation to the rights holder. The commercial report should explain which remedy belongs to which proceeding and what remains unresolved.
Check the retail supply chain
For a retailer, a supplier’s assurance is easier to evaluate when it is supported by invoices, product identifiers and a traceable chain. Preserve the documents that accompanied the actual batch rather than a generic letter about the supplier’s business. Record who checked the materials and what questions were raised before the goods entered stock.
If a complaint arrives, retain the affected products and relevant records while obtaining advice on the response. Avoid replacing the historical supplier file with newly issued paperwork that obscures what was available at the time. A reliable chain helps a professional assess the facts; this article does not promise that a particular document will excuse a sale.
Make corrective instructions reach every outlet
A response plan should identify the physical shops, online accounts and intermediaries affected by the issue. Assign ownership of communications and keep evidence of what was actually changed. A central decision can fail operationally if one outlet continues using old signs or stock. The status report should distinguish instructions sent from implementation confirmed.
For a new business, prepare the proposed name and goods through the existing filing route. For a dispute involving earlier penalties or a licence chain, use a separate review of the actual documents. A historical multiplier offers no reliable shortcut to predicting liability, and a new application does not erase previous conduct.
What this case does not prove
- A two-times assessment is not a universal penalty for counterfeit retail.
- Criminal fines, administrative penalties and civil compensation are different remedies.
- Exclusive-license standing must be checked from the particular agreement, not assumed for every distributor.
What your business should check
Who can act?
- Identify the owner and proposed claimant.
- Keep licence scope, territory and dates together.
- Preserve amendments and authority documents.
What is repeated?
- Link earlier orders to the actual persons and goods.
- Date later observations.
- Separate the different proceedings and remedies.
Has the response been implemented?
- Map every relevant outlet and account.
- Retain batch-specific procurement records.
- Confirm changes without destroying historical evidence.
Related guides and next action
- Understand goods and similar groups
- Separate the routes for an existing conflict
- Read registration fields without inferring a litigation outcome
New-filing guidance concerns your own proposed mark. Existing disputes and transfers need a separate scope and engagement; no outcome, price or deadline extension is promised by this article. Contract work has its own scope and is not included in the filing Free Check.
Sources and review scope
The official summary for (2019)浙8601民初1364 and (2020)浙01民终5872 was read. Full instruments, exact judgment dates, total award and current licences are not supplied; professional review is pending.
The original Chinese materials control. English summaries and the commercial preparation framework are editorial work. Historical legal references are not presented as a statement of today’s complete law.
- 侵害知识产权民事案件适用惩罚性赔偿典型案例 ↗
Official typical-case summaries · Supreme People’s Court
Published: 2021-03-15 · Accessed: 2026-09-17
Separate Erdos, Xiaomi Life, Wuliangye, Adidas uppers and Opple cases. Case-specific calculation methods, not general tariffs.