Quality Assurance Committee | Visit the handling agency of the "Top 10 Cases of Intellectual Property Protection".

2022-07-31

Recently, Zhang Hongkai, Vice Chairman of the Best Case/Law Enforcement Working Group of the Quality Brand Protection Committee of the China Association of Enterprises with Foreign Investment (hereinafter referred to as the "Quality Assurance Committee"), and representatives of rights holders visited the "Case of Processing and Selling Counterfeit Products with the Registered Trademark of an Electrical Enterprise by Duan and 8 Other People" (hereinafter referred to as the "Trademark Infringement Case").The Second Procuratorate Department of the People's Procuratorate of Xiuzhou District, Jiaxing City, the Criminal Trial Division of the People's Court of Xiuzhou District, Jiaxing City, and the Wangjiangjing Police Station of the Xiuzhou District Bureau of the Jiaxing City Public Security Bureau presented the top ten cases with a thank you card.

The representative of the right holder arrives at the case handling organ

Director Shen Jinfu of the People's Procuratorate, Vice President Chen Qi of the People's Court, Director of the Wangjiangjing Police Station and representatives of rights holders had a discussion and exchange on the development trend of intellectual property rights protection cases in the future and the search for infringement clues.

The scene of the symposium

The representative of the right holder first visited the Xiuzhou District People's Procuratorate, and Director Shen Jinfu introduced the basic situation of the court's intellectual property protection work. He said that in recent years, with the gradual increase in intellectual property cases, the court has gradually paid more attention to intellectual property protection cases.

Afterwards, he visited the Xiuzhou District People's Court, where Vice President Chen Qi said that the court has paid more attention to intellectual property cases in the past three years, and has also innovated and explored the trial process of such cases.

Finally, he visited the Xiuzhou District Branch of the Jiaxing Municipal Public Security Bureau, and the director of the Wangjiangjing Police Station introduced the innovative case-handling mode of his department, hoping that the rights holders could cooperate with the public security in the future case handling to jointly explore more efficient ways to do a good job in protecting intellectual property rights.

The scene of the symposium

The representative of the right holder introduced the development history of his company. He said that although the brand rights holder involved in the case was a foreign-funded enterprise, it had maintained a good communication relationship with the domestic public procuratorate and law for a long time on the issue of intellectual property protection, and expressed his gratitude to the public procuratorate and law for their efforts in safeguarding the legitimate rights and interests of consumers and enterprises in accordance with the law.

The representative of the right holder (first from left) made a speech and exchange

At the same time, Vice Chairman Zhang Hongkai introduced the organizational structure and work characteristics of the Quality Assurance Committee at the meeting. As the gold medal project of the Quality Assurance Commission, the annual top ten case selection activity has been held for 21 sessions so far, and the number of cases participating in the selection of the top ten cases of the Quality Assurance Committee this year is as high as 74, which is the most competitive year in history, which further confirms the continuous strengthening of the rights protection efforts and determination of many rights holders.

The "trademark infringement case" investigated by the public security organs this time has a large number of infringers, a wide range of involvement, and high difficulty in investigation, so it has a strong representativeness, and has been highly recognized by the public procuratorate and law at all levels, as well as the Quality Assurance Commission, and finally successfully selected as the top ten cases of the year by the Quality Assurance Commission.

Vice Chairman Zhang Hongkai (second from right) delivered a speech

Finally, the representatives of the rights holders presented the "Top Ten Cases of Intellectual Property Protection in 2021-2022" to the Public Procuratorate and Law.

Group photo

Group photo

Case review

Case presentation

In July 2019, an electrical company discovered that a Taobao store was selling counterfeit electrical products. In September 2019, Kane Top's agent reported the clue to the Xiuzhou District Branch of the Jiaxing Municipal Public Security Bureau. On November 20, 2019, the Wangjiangjing Police Station of the Xiuzhou Branch of the Jiaxing Municipal Public Security Bureau and the Chaoyang Branch of the Shantou Municipal Public Security Bureau carried out a criminal crackdown on the fake Taobao store and arrested the criminal suspect Duan in Shantou.

On September 10, 2021, the Xiuzhou District People's Court of Jiaxing City, Zhejiang Province, sentenced eight people involved in the case to fixed-term imprisonment and fines on the grounds of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks.

Highlights of the case

The number of infringers is large and the scope is wide. There are 8 people involved in this case, who participated in the procurement, processing, and sales of counterfeit products in Guangdong Province and Zhejiang Province, and sold counterfeit products to Zhejiang Province, Jiangsu Province, Anhui Province, Sichuan Province, Hunan Province and other provinces and cities, with a wide range of influence.

The sales amount is large and there are many sales channels. After police investigation, 8 infringers sold counterfeit goods through at least 12 Taobao online stores, and the amount involved was about 3 million yuan.

The social influence is greater. The crackdown and the court's harsh penalties have largely deterred the local market and other counterfeiters, and are of positive and significant significance in curbing the spread and recurrence of infringements.

Infringing products were seized

Arrest of the suspect