"Friends Circle" Is Fined For Selling Fake "Famous Brand"
WeChat marketing has been hot for some time. However, in many "micro stores", some "micro businesses" or direct fraudulent practices, some "micro dealers" openly sell counterfeit products, and the voice of standardizing "micro stores" has never stopped.
Wang and Huang worked in the same company. The two were still good brothers who lived together. Seeing the popularity of all kinds of merchandise in the "friends circle", two people had nothing to do with each other, and decided to start their own "entrepreneurial" road to earn some pocket money. So, the two people released photos of all kinds of fake brand bags and watches from the WeChat mobile platform, and sold them in temporary residence. Soon, two people were arrested by the police. On the spot, the police seized two counterfeit LV belts, two LV bags, 4 PRADA bags, 1 PRADA billboards, 1 TUDOR watches, 1 AP watches, 1 1 Cartier watches, two 1 MONTBLANC watches and two two ROLEX watches. According to the middle market price of the infringing goods, the value of the goods involved is worth 537 thousand and 600 yuan.
The court held that the accused had already begun to commit the crime and failed to succeed because of reasons other than his will. He was guilty of attempted crime and was punished according to law according to the accomplished offender. The defendant voluntarily pleaded guilty, truthfully confessed his crime, and gave him a lighter punishment according to law. Accordingly, the court made a penalty of two yuan for each of the 1000 defendants in the crime of selling counterfeit registered trademarks.
Feng Xiang, chief judge of the case, told reporters. Shanghai The criminal cases of WeChat's "friends circle" sold by court in Pudong have some common characteristics: first, the same place of purchase; the counterfeit goods are shipped from other provinces; the two is the same way of purchase, which is directly purchased on the Internet, and the three is the defendant. Stock purchase I always knew that I bought it. Counterfeit goods As long as the price is low, or is marked overseas purchasing, high imitation, the original single will be fine; the four is WeChat's "friends circle" is just a display platform, buyers optimistic about goods, through WeChat contact the defendant, the scene to see goods, cash transactions.
Feng Xiang said that WeChat's "friend circle" this way of "spot goods and cash transactions" also brought difficulties to trial practice. "It is neither like Taobao stores or Tmall stores, nor is it like Jingdong or Amazon. There is no sales record in the" friends circle ", which makes it difficult to find out the actual sales situation of the defendant.
Feng Xiang warned those who want to rush for gold in the "friends circle". Selling fake goods is a violation of intellectual property rights. According to the law, sales of goods that are knowingly counterfeited registered trademarks are subject to imprisonment of three years or criminal detention, and they are punished or punished. The amount of sales is huge, and they are sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and are also fined. Those who sell the goods should be alert in time.
Feng Xiang also reminds consumers that WeChat is a social networking tool based on friends. If it is only to relay photos on WeChat, it is hard to define that it is an illegal operation of intellectual property rights suspected of infringing on famous products, so consumers are hard to maintain through positive channels when their rights and interests are damaged.
It is important for the relevant departments and operators to strengthen the supervision of WeChat's "friend circle" selling off, but it is more important to cultivate the rule of law spirit of "micro merchants". To cultivate public awareness of law-abiding is an important task of comprehensively promoting the rule of law. Improving public's legal literacy and enhancing the consciousness of rule of law are embodied not only in the real society, but also in the network society. Law abiding should be reflected in any environment and any field.
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