Production of Goods with Trademark Infringement to Dajiewang

Release Time:2009/5/8 17:27:02            【Font-size:Big Middle Small】

 

【Case Briefing】

In January 2006, with the complaints made by the Shenzhen Jiewangjing Fine Chemical Technology Co., Ltd, the Fengxian Branch of Shanghai Industrial and Commercial Administration decided to file the case against the infringement to the trademark of Dajiewang and found stock of suspected fake “Dajiewang” detergents in one of the local warehouses. The investigation showed that the offenders, namely Shen Hongbao and Shen Yinbao, began to manufacture the fake “Dajiewang” detergent by using one of local warehouses in Fengcheng Town since December 2005. The local industrial and commercial administration found 1,476 barrels (16 liter per barrel) of fake detergent using the trademark in question and 189 iron barrels (16 liter per barrel). The unlawful turnover was as high as some RMB 140,000.

【Result of Trial】

In view of the fact that the unlawful turnover of the fake “Dajiewang” detergent hit the standard for criminal prosecution set forth in the provisions of section 1, clause1, item 1 under the Interpretations of Supreme People’s Court and Supreme People’s Prosecutorate over Some Questions Concerning the Application of Laws to Intellectual Property Infringement. The Fengxian Branch of Shanghai Industrial and Commercial Administration handed the case over to Fengxian local police station for further investigation into the offenders’ criminal liabilities in accordance with the Regulations on Handover of Criminal Offenses by Administrative Authorities in March 2006. On March 28, 2006, Fengxian People’s Court decided that: i. the defendants, Shen Hongbao and Shen Yinbao shall be sentenced by 1 year imprisonment on probation and charged a fine of RMB 30,000 for infringing registered trademark; ii. the 1,476 barrels of fake Dajiewang detergent for the time being under sequestration shall be seized.

【Case Analysis】

This case marked a successful handover of criminal offence of trademark infringement from industrial and commercial authorities to law enforcement organs. The quick actions taken by the local industrial and commercial authorities ensured the smooth investigation into the case and the timely handover to law enforcement organs. It was a good example of the constant interactions among the local industrial and commercial authorities, police and courts. Such effective cooperation forms a cornerstone to the protection of the exclusive right to the use of trademarks and the combat against the fake products.

 

                                                                          (source: Shanghai IP Administration)

Release Time：2009/5/8 17:27:02[ Print ]