Suspects Selling Fake Luxury Brands Were Prosecuted For Prosecution
< p > April 17th, < a href= "http://www.91se91.com/news/index_c.asp >" Sichuan < /a > "the first case of" three in one "trial applied by the provincial court of intellectual property trial was held at the Jinjiang District court of Chengdu.
The defendant, Li, was prosecuted by the procuratorial organ for selling goods with counterfeit registered trademarks for selling counterfeit brand names < a href= "http://www.91se91.com/news/index_c.asp" > luggage and bags < /a > watches, and involving counterfeit registered trademarks with a price of more than 1100 yuan.
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The "three in one" mechanism in < p > intellectual property cases is an important part of the reform of the current judicial mechanism.
The first case of yesterday's trial attracted the attention of many newspapers, TV and Internet media reporters.
The Jinjiang District court is the first official broadcast of the court trial through official micro-blog.
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The criminal cases of < p > and former a href= "http://www.91se91.com/news/index_c.asp" > intellectual property < /a > are different from the court trial. According to the "three in one" requirement of the intellectual property case, the criminal case of selling the counterfeit registered trademark is handled by the intellectual property court of the Jinjiang District law court. The judge Lu Yanlin served as the presiding judge and the members of the collegiate bench included a court judge and a people's juror.
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P, standing on the defendant's bench, is a 25 year old man from Dongxing District of Neijiang.
Last July, Lee rents the pavement on the 6 floor of Yijing Hotel Impresja in Qingnian Road, Jinjiang District, and then goes back to bags and watches from Lotus Pond, Kowloon Plaza, and then sells fake brand-name bags and watches.
In the same year in August 5th, the public security organs in the special action against the infringement of intellectual property rights, in the Lee shop found counterfeit Cartire, Prada, Burberry, Dior and other brand-name luggage 36, counterfeit Longines, radar, Vacheron Constantin, Vacheron Constantin and other names of 122.
After identification, the bags and watches are counterfeited registered trademarks.
The price authentication center of the Price Bureau identified that the price of the goods involved was more than 1100 yuan.
The prosecutor's Jinjiang District procuratorate believed that Lee's behavior constituted the crime of selling counterfeit registered trademarks.
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At 11:50 a.m., P, the trial chief announced the sentencing date.
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< p > < strong > [expert opinion] < /strong > /p >
< p > < strong > "three in one" mechanism < /strong > < /p >.
< p > < strong > integrate resources superiority and improve trial efficiency < /strong > < /p >
< p > Xu Jie, President of the intellectual property court of the Jinjiang District court, said that the trial of "three in one" in the case of intellectual property rights refers to the unified hearing of intellectual property criminal, civil and administrative cases by the Intellectual Property Tribunal.
In March 2010, the court of Jinjiang District was authorized by the Supreme People's court to obtain the jurisdiction over civil disputes involving intellectual property rights, and a special intellectual property court was established.
However, the intellectual property court is only responsible for hearing civil cases of intellectual property rights, and criminal cases and administrative cases are handled by the court and administrative tribunal.
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< p > in recent years, with the sharp increase in intellectual property cases, new, complex and difficult cases are constantly emerging, which puts forward higher requirements for the professionalism of trial.
Since April 1st, the provincial court has tried to implement the "three in one" trial in 28 courts in Sichuan province.
The Jinjiang District court has formulated the implementation method of the "three in one" trial of intellectual property rights (Trial Implementation), and clearly stated that the civil three courts (Intellectual Property Tribunal) should uniformly try the civil, criminal and administrative cases of intellectual property rights, and make clear the trial composition and internal coordination of the intellectual property trial under the "three in one" mechanism.
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< p > Xu Jie believes that the "three in one" mechanism of intellectual property trial, the uniform standard of intellectual property cases, and the effective elimination of the same sale of counterfeit registered trademark cases which appeared in the trial practice, and the criminal cases involving the sale of fake cases constitute a criminal or administrative case for the judgment of the commercial and industrial departments. The civil case referee does not constitute a contradictory phenomenon of infringement. The "three in one" mechanism integrates the trial resources, greatly improves the efficiency of the trial of intellectual property cases, and improves the overall effectiveness of the protection of intellectual property rights.
At present, the "three in one" mechanism of the pilot intellectual property cases in Sichuan will also lay a foundation for the future establishment of intellectual property courts.
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