本网 News Well-known brands are very popular among consumers, and some criminals have the interests of some criminals, and even started the idea of counterfeiting registered trademarks to make fake wine. On February 22, a case of infringement of intellectual property rights filed by the Daye City Procuratorate and an accompanying civil public interest lawsuit received a court verdict. Later, 8 defendants including XX were sentenced to fixed-term imprisonment and fined, compensated, and apologized publicly.
After investigation, since 2019, Moumou has organized 8 members of his family, relatives and friends to form a counterfeit gang, renting venues in Zhuozhou, Hebei, Qingzhou, Shandong, etc. , Produce and sell more than 5,000 pieces of fake”Niulanshan” and other well-known brand liquors. In September 2019, after the Daye City Public Security Bureau captured 8 people including XX in Qingzhou City, Shandong Province, the prosecutors of the Intellectual Property Infringement Crime Case Handling Unit of Daye City Procuratorate immediately intervened in the investigation and connected with the police handling the case remotely. Public security organs seized and seized counterfeit equipment, packaging materials, and counterfeit base wine, provided procuratorial opinions, and fixed the relevant physical evidence of the case in a timely manner; then, when some criminal suspects did not plead guilty, the investigative organs were guided to obtain relevant electronic evidence to identify relevant cases fact. In the stage of case review and prosecution, the Daye City Procuratorate gave full play to its procuratorial function, prosecuted the case in accordance with the law, and at the same time filed a criminal incidental civil public interest lawsuit. On the basis of severe punishment for crimes of infringement of intellectual property rights, it actively participated in the crime and caused the public interest to suffer. Damaged social governance work, comprehensively crack down and control the crime of infringement of intellectual property rights. The court found that the defendant and others used the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. The circumstances were particularly serious, and his behavior constituted the crime of counterfeiting the registered trademark. The public prosecution agency charged the crime To be supported. According to law, the court sentenced 8 defendants such as Hou XX to 1 year and 6 months to 3 years and 6 months in prison and fined them. The court also held that the above-mentioned criminal acts of the eight defendants defrauded consumers, infringed on the legitimate rights and interests of many consumers, and harmed the public interest, and should bear corresponding civil liabilities. The petitioner in an incidental civil public interest litigation requested that the eight defendants pay for the transportation, storage, and disposal of the counterfeit base wine costs, an apology, and three times the sales price. There are factual and legal basis and should be supported. Based on this, the court also ordered 8 defendants such as XX to compensate three times the sales price, and pay for transportation, storage, and disposal of the counterfeit base wine costs, and turn them over to the state treasury; within 10 days from the effective date of the judgment in the province An apology statement was issued on a TV station above the national level or on a nationally issued newspaper.
The successful handling of this case reflects the prosecution’s high attention to the people’s “safety on the tip of the tongue”, and vigorously safeguarded the intellectual property rights of private enterprises, and achieved good results. The social effect of handling cases.