A trademark infringement case involving the geographical indication certification mark "Fengxian Yellow Peach" has been swiftly resolved through a coordinated local mediation mechanism, completing the entire process from court filing to judicial confirmation in just 24 hours. Shanghai Fengxian District People's Court (Fengxian Court) recently provided judicial confirmation for a mediation agreement reached between the Shanghai Fengxian Yellow Peach Industry Association (Fengxian Yellow Peach Association) and an individual identified as Zhang, following a conciliation process facilitated by the Shanghai Fengxian Intellectual Property Rapid Rights Protection Center (Fengxian Rapid Protection Center). This efficient resolution not only endowed the administrative mediation agreement with enforceable legal force but also addressed the long-standing challenge in geographical indication infringement disputes where the legal action must be filed in a court outside the province while the actual business operations occur locally.
By channeling cross-regional disputes into local non-litigation resolution avenues, Fengxian has pioneered a viable path of "out-of-region infringement, local mediation," enabling rights holders to safeguard their legitimate interests without the burden of traveling back and forth, effectively bringing justice to their doorstep.
The "Fengxian Yellow Peach" Faces Unauthorized Brand Exploitation
"Fengxian Yellow Peach" is a specialty product of Qingcun Town, Fengxian District, Shanghai, renowned for its large size, sweet flavor, and juicy texture. It enjoys protection both as a geographical indication product and as a certified geographical indication trademark. The Fengxian Yellow Peach Association, as the registered owner of the "Fengxian Yellow Peach" geographical indication certification mark, is responsible for its daily management and authorizing its use.
During routine inspections, the association discovered that an online store operated by Zhang had extensively utilized terms such as "Fengxian Yellow Peach," "Fengxian Jinxiu Yellow Peach," and "Fengxian Guangming Jinxiu Yellow Peach" in product listing titles, images, and detailed descriptions. However, Zhang had not obtained authorization from the Fengxian Yellow Peach Association. Further investigation revealed that Zhang had already sold nearly 5,000 kilograms of the peaches in question, with purchase prices significantly lower than those of authentic Fengxian Yellow Peaches.
Subsequently, the Fengxian Yellow Peach Association filed a trademark infringement lawsuit in a court located in the province where Zhang holds household registration, seeking an injunction against the infringing activities and compensation for economic losses. During the rights enforcement process, the association's legal counsel learned that the Fengxian Court, along with the Shanghai Fengxian District Market Supervision Administration (Intellectual Property Office), the Fengxian District People's Procuratorate, and the Shanghai Public Security Bureau Fengxian Branch, had established a cross-departmental collaborative protection mechanism for geographical indications. Acting on this information, the counsel sought assistance from the Fengxian Rapid Protection Center, hoping for a timely and localized resolution of the dispute.
Responding to the association's needs, the Fengxian Court and the Fengxian Rapid Protection Center devised an expedited rights protection pathway: first, contact the out-of-town court to ascertain the procedural status of the case; second, gauge the willingness of both parties to participate in mediation; upon mutual agreement, the Fengxian Rapid Protection Center would organize the mediation, with judges from the court providing one-on-one guidance; and finally, after a settlement was reached, the Fengxian Court would issue judicial confirmation, vesting the mediation agreement with compulsory enforcement power.
Transition from Out-of-Town Litigation to Local Mediation
Progress on the case was swift. The infringement lawsuit against Zhang had just been accepted by the out-of-town court and had not yet proceeded to trial when both the Fengxian Yellow Peach Association and Zhang expressed willingness to engage in online mediation. The mediation process commenced promptly, conducted by mediators from the Fengxian Rapid Protection Center, with judges from the Fengxian Court's Commercial Division providing real-time guidance via online communication platforms.
At the outset of mediation, Zhang argued that the yellow peaches sold were purchased from farmers in Fengxian, and therefore the use of terms like "Fengxian Yellow Peach" did not constitute trademark infringement. The mediator did not simply process the case mechanically but instead explained the legal nature of geographical indication certification marks, clarifying that "Fengxian Yellow Peach" is not an ordinary product name; its use must satisfy specific conditions and obtain authorization from the rights holder. Although Zhang claimed the peaches originated from Fengxian farmers, no corresponding purchase invoices were provided, and authorization from the Fengxian Yellow Peach Association was not obtained. Nevertheless, the use of "Fengxian Yellow Peach" in product listing titles and detailed pages constituted actions that could potentially infringe upon the trademark rights and damage the brand reputation of "Fengxian Yellow Peach."
Upon receiving this legal clarification, Zhang acknowledged the potentially infringing nature of the actions and committed to ceasing the infringement, while expressing a desire for a reduction in the compensation amount. Considering that the primary objective of the association's lawsuit was to promptly halt the infringement and prevent consumer confusion rather than to seek substantial damages, the mediator further consulted the association. The association's legal representative indicated that as long as Zhang immediately removed all infringing product links and refrained from further use of the disputed marks, the compensation amount remained negotiable.
Through the joint efforts of the mediator and the judge, both parties reached a mediation agreement on the same day and signed it online: Zhang agreed to immediately delist all relevant infringing product links and pay compensation of 5,000 RMB. Following the signing, the Fengxian Yellow Peach Association promptly applied to the out-of-town court to withdraw the trademark infringement lawsuit against Zhang. To ensure the effective performance of the mediation agreement, both parties jointly applied to the Fengxian Court for judicial confirmation. After due legal review, the Fengxian Court issued a ruling of judicial confirmation. The entire process, from court filing to judicial confirmation, was completed within 24 hours. Zhang has since fulfilled the obligation to delist the infringing products and has made the compensation payment to the association.
According to the legal counsel for the Fengxian Yellow Peach Association, pursuing legal action in a distant province for every infringement would consume significant manpower and financial resources, potentially missing the critical sales window for yellow peaches. The timely resolution of this dispute not only saved enforcement costs for the association but also sent a clear signal to the market regarding the protection of genuine products and the rejection of counterfeits, thereby contributing to the credibility of the "Fengxian Yellow Peach" geographical indication certification mark.
From Individual Case Resolution to Collaborative Protection Framework
This case exemplifies Fengxian District's broader efforts to strengthen collaborative intellectual property protection and integrate specialty agricultural products into the scope of IP protection. A representative from the Fengxian Rapid Protection Center explained that the center leverages its professional advantages to front-load administrative mediation for IP disputes, utilizing low-cost, high-efficiency, and flexible mediation processes to help parties clarify issues and resolve conflicts. To address potential challenges in enforcing mediation agreements, the center guides parties to apply for judicial confirmation, thereby forming a closed-loop dispute resolution model of "administrative mediation plus judicial confirmation."
Additionally, the center has signed a cooperation memorandum with the Fengxian Court, connecting to the Supreme People's Court's "general-to-general" litigation-mediation docking system, which opens channels for online case assignment and mediation. It also collaborates with judicial administrative departments to establish entrusted mediation and joint mediation mechanisms, further clarifying the dispute referral process and division of responsibilities, thus promoting the effective articulation of administrative and judicial protections.
A representative from the Fengxian Court stated that, in response to the challenges in geographical indication enforcement—such as difficulty in detection, remote jurisdiction, and time sensitivity—the court proactively extends its judicial protection functions, exploring the construction of an IP judicial protection system that shifts IP protection from end-stage dispute resolution to front-end governance. In October 2024, the Fengxian Court, together with courts and IP rapid rights protection centers from Jiangsu, Zhejiang, and Anhui provinces, jointly signed the "Yangtze River Delta Cluster Industry Cross-Regional Intellectual Property Collaborative Protection Working Mechanism," aiming to break down judicial jurisdiction barriers and strengthen regional IP collaborative protection.
Given the short sales season of agricultural products, brand reputation sensitivity, and heightened requirements for timely rights protection, the Fengxian Court has established a "24-Hour Green Channel" for judicial confirmation to improve dispute resolution efficiency. In terms of geographical indication protection, the court actively promotes the formation of a multi-departmental collaborative protection framework. According to the "Fengxian Yellow Peach" Geographical Indication Intellectual Property Protection Collaboration Agreement, relevant departments implement a coordinated protection system linking administrative enforcement, criminal investigation, judicial adjudication, and prosecutorial supervision through measures such as two-way information transfer, administrative-criminal linkage, and joint enforcement.
Judicial services are also being further extended to grassroots levels. In July 2025, the Fengxian Court issued "Eight Measures for Judicial Services to Guarantee the Growth Pole of Southern Shanghai." In November of the same year, the Shanghai Intellectual Property Court established a Fengxian Circuit Trial Point, responding to judicial needs in agricultural technology innovation and geographical indications through "on-site adjudication, nearby services." Furthermore, the Fengxian Court has established multi-dispute resolution platforms such as "Fengfa Ketangjian" in Wufang Village, Qingcun Town, extending judicial services to the front lines of rural communities and markets.
From the swift resolution of a single geographical indication infringement dispute to the continuous improvement of cross-departmental and cross-regional IP protection mechanisms, Fengxian District is actively exploring ways to make IP protection more accessible and efficient, ensuring that the "golden signboard" of specialty industry development receives even stronger intellectual property protection.