The first case in the national jewelry industry! APM won the first instance of criminal protection of copyright

2025-12-15
Unlike traditional trademark infringement cases, this case provides a new path for the creative design industry to protect its rights through criminal protection of copyright


Source: IPR aily Chinese website (IPR aily. cn)


Introduction
On November 27, 2025, the Huangpu Court in Shanghai made a public first instance verdict on the first criminal case of copyright in the national jewelry industry. The case involves the large-scale replication of over 500 original designs of APM MONACO brand, with a total amount of over 5 million RMB involved. The main culprit was sentenced to 4.2 years in prison and fined nearly 3 million yuan, and other involved individuals were also held accountable in accordance with the law. This case not only clarifies the legal status of jewelry design as a work of art, but also injects strong impetus into the industry's original ecology. With high-level and precise institutional guarantees, it lights up a new beacon of innovation and compliance governance in China's jewelry industry.

summary
APM MONACO promotes the first criminal copyright protection case in the national jewelry industry, highlighting a new height of judicial protection for original designs.
This case breaks through the traditional trademark protection model and, for the first time, systematically confirms the copyright protection standards for jewelry design as a work of art at the criminal justice level.
The case sends a positive signal of encouraging originality, precise protection, and setting boundaries, creating a rule of law business environment for China's innovation driven economy.
Judicial practice, based on the spirit of seeking truth from facts, recognizes intellectual property rights and provides legal protection, demonstrating the progress and maturity of China's intellectual property governance system.

keywords
APM MONACO、 Jewelry copyright, criminal protection, original design, precision protection, industry governance, innovation driven


1、 Case Value: A Major Breakthrough in the Concept of Intellectual Property Protection

The verdict of this case sets an important precedent for intellectual property protection in the jewelry industry, and its core value lies in the first systematic judicial review standard for the originality of jewelry design works at the criminal justice level, breaking through the limitations of traditional reliance on trademark protection products.

Establish triple review criteria for originality in jewelry design
In the handling of this criminal case, the judicial authorities fully demonstrated the three-level review method for determining that jewelry design constitutes an art work: independent creative process review, originality external comparison review, and artistic beauty and creativity high review. The jewelry styles involved in the case have undergone multiple design stages, including creative design, process research and development, hand drawn modifications, motherboard production, and back and forth polishing. They have substantially changed their artistic form or been decorated with different themes to express the feeling of beauty. The arrangement, combination, and presentation of elements reflect the unique ingenuity of the design and development personnel, which can bring visual beauty and new perceptions to the public. Therefore, in judicial practice, their originality and aesthetic significance required by copyright law have been affirmed. This multidimensional review system provides a clear legal application path for similar cases, demonstrating the firm determination of judicial practice to recognize and protect intellectual property rights that should be protected by law in order to uphold the intellectual property system.

Promote the transformation of protection mode from "adaptability" to "leadership"
Unlike traditional trademark infringement cases, this case provides a new path for the creative design industry to protect its rights through criminal protection of copyright. Even if the infringing product deliberately removes the trademark logo of the rights holder, as long as it substantially replicates the original design expression, it can still constitute copyright infringement. This pragmatic judicial attitude marks a shift in China's intellectual property protection from "adaptability" to "leadership", providing a stronger intellectual property protection network for design and development industries.



2. Business Environment: Judicial Judgments Empower High Quality Economic Development

The verdict of this case reflects the continuous optimization of China's rule of law business environment, which stimulates market vitality through high-level intellectual property protection. The resolute defense of innovative achievements by judicial rulings has sent a positive signal to domestic and foreign market entities, enhancing investors' confidence in the Chinese market.

Innovation driven judicial protection
The criminal punishment result of this case has driven the industry to shift from price competition and imitation competition to original design competition, guiding resources to concentrate on innovation links. This model of guiding industrial upgrading through judicial rulings demonstrates the strong support role of intellectual property protection for high-quality economic development, which is in line with the national innovation driven development strategy.

The national image of a rule of law business environment
The milestone effect of this case is a vivid manifestation of China's continuous improvement of its intellectual property protection system and optimization of its business environment. The judicial authorities have established clear boundaries of rights through benchmark judgments, providing stable expectations for market entities. This institutional guarantee has long-term significance in attracting high-end factor aggregation and enhancing economic vitality, demonstrating China's governance wisdom in the forefront of innovation.

APM MONACO Position and Statement
APM MONACO always adheres to the vertical integration model of "from brand to consumer", with more than 400 stores spread across high-end commercial districts worldwide, and continuously innovates and releases 12 series every year. The brand welcomes every customer with a smile and is committed to providing unique fashion experiences for jewelry enthusiasts worldwide. The victory in this case is an encouragement to all original designers and a firm defense of the industry's innovative spirit.

We sincerely thank the Shanghai Public Security Bureau and Huangpu Branch, Huangpu District People's Procuratorate, Huangpu District People's Court, and all judicial professional institutions and industry colleagues involved in the case handling. We appreciate their high professionalism and dedication in case investigation, evidence fixation, legal application, and other aspects.

APM MONACO will continue to uphold the brand philosophy of "respecting originality and safeguarding innovation", actively promoting industry compliance and high-quality development. We also hope to further enhance the attention of all sectors of society to intellectual property protection through this case, and jointly create a fair, healthy, and vibrant jewelry innovation ecosystem.

When the temperature of rules meets the radiance of aesthetics, the industry will usher in a clearer sky. This criminal protection case of copyright is a solemn declaration and a sincere invitation: please continue to create boldly and innovate to your heart's content. With the protection of multiple parties, the jewelry industry will move towards a brighter future with a clearer ecology, more stable expectations, and more vigorous vitality.

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