Industrial Design Infringement in China (Agricultural Machinery)

The SME is a European company focused on the development of tractors. While they have not yet entered the China market, recently, one of their dealers informed the SME about a Chinese company selling the tractors which are similar to the design and colour of those of the SME’s old model. The SME had stopped selling the old type of tractors years ago and never sold them to China. Besides, the SME has no IP applied or registered in China. Since the SME is trying to explore business opportunities in China, they wondered whether the counterfeiting incident might somehow hinder their market entry plans. The SME had a consultation with the China IP SME Helpdesk regarding the said infringement.