Selling 1:1 Replica Jewelry Without Logo Still Constitutes Copyright Infringement

WISECODE Take

Many business owners mistakenly believe that selling unbranded replicas can avoid infringement. The author believes this case serves as a warning for criminal IP protection. In June 2024, the Huangpu District Procuratorate prosecuted a case where the defendant replicated over 500 jewelry designs from APM Monaco, leading to criminal charges for copyright infringement. The authority ruled that the 3D shapes of the jewelry constitute artistic works, meaning copying original designs without trademarks still triggers criminal liabilities. This demonstrates that original designs can be powerful tools for criminal enforcement. Unaffected parties are those who only reference common market elements with independent originality. Zhidian's "Patent and Copyright Portfolio Checkup" service helps enterprises verify if their designs qualify for copyright protection. Owners should take two actions: first, preserve all design drafts and CAD files during R&D to prove originality; second, immediately evaluate copyright-based criminal enforcement upon detecting unbranded replicas. Removing the logo is not a safe harbor; the design itself is an asset and the most direct evidence of infringement.