Treat an infringement dispute as a real-life murder-mystery game:
Mediation is the “negotiation table,” litigation is the “courtroom finale,” and evidence is the “key prop.”
Today we run a 180-day mock campaign, turning every step into a walk-through so even first-timers can grab the MVP trophy.
Character Cards
Shenzhen Zhiyun Tech holds the design patent for a smart wristband (ZL202230123456.7). It spots the JX-2023 wristband made by Dongguan Jinxuan Electronics—almost a pixel-perfect twin.
A mediator from the Shenzhen IP Protection Center tries a quiet settlement; if that fails, the fight moves to the Guangzhou IP Court for the judge’s gavel.
Four-player script: plaintiff wants “sales stop + damages”; defendant wants “pay less + keep selling”; mediator wants a deal; judge wants a lawful ruling.
Role | Identity | Goal
Plaintiff | Shenzhen Zhiyun Tech | Stop infringement + RMB 3 million damages
Defendant | Dongguan Jinxuan Electronics | Deny infringement + keep selling
Mediator | Shenzhen IP Protection Center expert | Reach settlement, cut costs
Judge | Guangzhou IP Court | Render lawful judgment
LEVEL 1 – Spot the Infringement (Days 1-7)
Trigger Event
Zhiyun’s AI crawler finds 300 Pinduoduo stores stocking JX-2023, 87 % look-alike to its patent.
Winning Moves
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Notarial purchase
• Notary office orders 10 samples, full-screen recording + logistics tracking.
• Pro-tip: buy from the same store repeatedly to lock down sales volume.
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Blockchain timestamp
• Upload web pages, videos and order PDFs to the “TSA Union-Trust” center—certificate in 30 seconds.
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Side-by-side sketch
• Overlay CAD drawings; paint differences red → 87 % similarity becomes Exhibit #1.
LEVEL 2 – Mediation Try-out (Days 8-30)
Scene Shift
Both sides enter the Shenzhen IP Protection Center’s “mediation room”: one round table, one whiteboard, two cups of tea.
Mediation Three-Step
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Interest Ledger
A ledger is each side’s “inner abacus” in plain sight:
Zhiyun wants “immediate takedown + RMB 3 million.”
Jinxuan only wants “RMB 0.5 million + keep selling with a new shell.”
Written side-by-side on the whiteboard, the real bargaining range is not 0-3 million but 0.5-1.8 million. Whoever spots the opponent’s floor first grabs the key to the next room.
Zhiyun | Jinxuan
Stop sales + damages | Lower damages + new shell
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BATNA Test
• Zhiyun BATNA: litigation cost RMB 0.3 million, 70 % win odds, expected damages RMB 2 million.
• Jinxuan BATNA: litigation cost RMB 0.15 million, 70 % loss risk, expected damages RMB 2.5 million.
→ Settlement zone: RMB 0.5-1.8 million.
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Step-ladder offer
• Zhiyun opens at 3 million → Jinxuan counters 0.5 million → mediator “split-the-difference” at 1.2 million in 6 instalments.
Outcome: Jinxuan agrees to pay 1.2 million and redesign within six months. Mediation succeeds.
LEVEL 3 – Litigation Barrage (Days 31-120)
Failed-mediation route
Jinxuan offers only RMB 0.3 million; Zhiyun files suit in Guangzhou IP Court.
3.1 Filing Kit
Think of filing as loading loose rounds into a magazine:
Zhiyun pins the infringement comparison chart to the front page of the complaint, adds a damages spreadsheet—“10 000 units online × RMB 30 profit/unit × 3× punitive damages.”
Then slips notarial receipts, blockchain timestamps, sales screenshots and an audited profit report into the evidence list, one page per item so the judge sees “rounds chambered, ready to fire.”
Document | Key content
Complaint | Infringement chart + damages table (10 k units × RMB 30 × 3× punitive)
Evidence list | Notarial purchase, blockchain timestamps, sales screenshots, profit audit
3.2 Evidence “Triple-Axe” Demo
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Physical side-by-side
• Mount both wristbands on a turntable, 360° spin—similarity jumps to the eye.
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Dynamic overlay
• Real-time 3-D overlay of patent drawing on infringing product: deviation only 0.5 mm, judge takes notes on the spot.
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Sales dashboard
• Pull Pinduoduo backend data: sales curve spikes April 2023, peaks August 2023 at 23 k units/month.
3.3 Courtroom Highlight
Judge: “Defendant, did you ever refer to the plaintiff’s patent?”
Defense counsel: “We designed independently, inspired by natural curves.”
Plaintiff retort: “Then explain why 12 curvature angles differ by less than 1° from the patent drawing?”
Judge summary: “High degree of similarity, infringement established.”
LEVEL 4 – Judgment & Enforcement (Days 121-180)
4.1 Verdict
• Cease infringement: delist JX-2023 immediately.
• Damages:
– Infringer’s profit: 10 000 × RMB 30 = RMB 3 million
– Punitive uplift: 3 million × 1.5 = RMB 4.5 million
– Reasonable costs: notary RMB 10 k + attorney fee RMB 100 k = RMB 110 k
Total: RMB 4.61 million
• Court costs: defendant bears 80 %.
4.2 Enforcement Hacks
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Asset freeze
• Simultaneously with filing, request freezing RMB 5 million in Jinxuan’s bank account to secure judgment.
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Customs detention
• Enter judgment + patent number into Customs database; December 2023, Shekou port detains last batch of 5 000 infringing units.
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Credit blacklist
• Jinxuan refuses compliance, lands on the judgment-debtor list; bank loans frozen. Three months later it pays in full.
Epilogue: Rehearse a thousand times, perform once
There are no dress rehearsals in real battle, but you can turn rehearsal into a script.
The potholes you stumble over on the tabletop become the traps your opponent steps into tomorrow.
Print this 180-day quest script and pin it on the legal-department wall—
when the next infringement alarm blares, simply cue the script and start the show.
