Since Leshan City launched the”Spring Thunder 2021″ and cold chain logistics epidemic prevention and control law enforcement action on December 15 last year, the city’s market supervision departments have adopted the theme of”prevention and control of chaos, ensuring safety, improving quality, improving quality, and promoting development” , The “6+1” special action was carried out in a solid manner, a batch of cases were investigated and dealt with strictly and intensively and quickly, effectively rectifying all kinds of market chaos, and enhancing the people’s sense of gain, happiness, and security. A number of typical illegal cases have been exposed one after another.
Leshan Food Co., Ltd. Counterfeit Patent Case
On February 24, 2021, when the law enforcement officers of the Municipal Market Supervision Bureau inspected a food company in Leshan City, Fuxi Town, Emeishan City, they found that the patent number marked on the outer packaging bag of a certain condiment produced by it was suspected Counterfeiting of patents.
Upon investigation, the parties entrusted an intellectual property agency in Beijing to apply to the State Intellectual Property Office for an invention patent for the preparation method of condiments on November 30, 2016. On June 12, 2020, the invention patent application was approved by the State Intellectual Property Office. The Property Office dismissed. After the application was rejected by the State Intellectual Property Office, the parties still continued to use their formula patent application numbers on the outer packaging of their products, and their behavior constituted a counterfeit patent as stipulated in the”Rules for the Implementation of the Patent Law of the People’s Republic of China”. On March 22, 2021, the Municipal Market Supervision Bureau imposed on the parties in accordance with the law:1. confiscate illegal income of 50,733 yuan; 2. fined 50,733 yuan; and imposed a total administrative penalty of 101,466 yuan.
A non-staple food wholesale department in Muchuan County
The case of operating infringement of registered trademark exclusive rights
On November 18, 2020, law enforcement officers of the Comprehensive Administrative Law Enforcement Bureau of Muchuan County received a report from Bufandi Van Meile Candy (China) Co., Ltd.,”A non-staple food wholesale department in Muchuan County” (hereinafter referred to as the first party) And”a supermarket in Muchuan County” (hereinafter referred to as the second party) were suspected of operating goods that infringed on the company’s registered trademark rights. The law enforcement officers, together with the staff of the company’s brand protection department, inspected the business premises of the first and second parties and found that the 852.89 kg of”Alps” brand candies sold in the two stores were counterfeit products with the”Alps” trademark registered by the company. The Comprehensive Administrative Law Enforcement Bureau of Muchuan County took administrative compulsory measures to seize 852.89kg of counterfeit”Alps” sugar sold in the two stores on the spot, and filed a case for investigation on the same day.
Upon investigation, the first party purchased counterfeit”Alps” brand toffee and”Alps” brand lollipops from an unqualified supplier and sold them to the second party for wholesale, because the first party was unable to provide the original receipts for the purchase , Transaction records, the purchase quantity cannot be calculated. Law enforcement officers seized a total of 852.89 kg of counterfeit”Alpine” toffee and lollipops in the stores and warehouses of the two parties on the spot, and their illegal business volume totaled 30475.4 yuan. The Comprehensive Law Enforcement Bureau of Muchuan County confiscated all the counterfeit”Alps” sugars illegally sold by the first party and the second party in accordance with the law, and imposed a fine of 30,000 yuan on the first party in accordance with the law.