Shanghai Maritime Court Free Trade Zone Court Unveiled

Since the establishment of the Shanghai Free Trade Zone, the Shanghai maritime court has actively carried out relevant practice and exploration.

In view of the implementation of shipping related policies, laws and regulations and functional projects in the construction of FTA, a wide range of

It has established communication and cooperation channels with the FTA, customs, Maritime Affairs Bureau, maritime arbitration institutions and other units to jointly promote the construction of the free trade area.

In 2014, the hospital handled 119 cases of maritime maritime cases involving first instance in the free trade area (excluding enforcement cases), accounting for 7% of all the first instance maritime and maritime cases in the court, and the amount of the cases involved amounted to more than 7640 yuan.

The case covers many types of disputes such as maritime cargo agency contract, contract of carriage of goods by sea, ship repair contract, ship agency contract, ship financing lease contract, bareboat charter contract, marine insurance contract, port cargo custody contract, ship material supply contract, ship collision and so on.

After the establishment, the following maritime and maritime cases will be heard mainly: cases involving enterprises or related organizations registered in the Shanghai free trade area, cases related to the special regulatory policies of the Shanghai free trade area, and Shanghai.

Cases involving disputes arising from the business process of open operation; cases involving major functional projects in the Shanghai free trade zone; and other cases related to the construction of Shanghai free trade zone.

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The way of shopping in WeChat's circle of friends is not enough to protect consumers' rights.

Feng Xiang reminded consumers that it is hard to define that this is a kind of illegal business behavior involving infringement of intellectual property rights on WeChat only if it is pmitted on photos only. Therefore, when consumers lose their rights, it is difficult to safeguard their rights through proper channels.

Shanghai Pudong New Area people's court and Shanghai Changning public security sub bureau have announced several cases of WeChat's selling and selling.

The common feature of these cases is that the suspects sell their expensive fake products to their friends through WeChat's circle of friends.

Most of the "friends" who sell "earn pocket money" will be held criminally responsible.

"Friends circle" is the main channel for selling holidays.

The court of Pudong recently punished 4 suspects who sold fake packages to friends for selling counterfeit registered trademarks, with a penalty of 1000 yuan respectively.

Although there are not many fines, the two cases mentioned above are regarded as criminal cases of intellectual property rights.

Defendant Wang and Huang worked in the same company and rented together.

Seeing the popularity of all kinds of merchandise in the "friends circle", the two decided to start their own "entrepreneurial" road - "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.

No one knows how long it was not reported. The police seized the LV belt, bag, wallet, watch and so on, which was worth 537 thousand and 600 yuan in the middle market price of the infringing goods.

In the other case, the defendant, Han and sun, were found to be worth 248 thousand and 100 yuan.

Wang Mou of Changning District of Shanghai recently reported to the police station. Wang met a young woman on WeChat in late August last year. The other side said he could help to buy Hermes brand limited edition package through special channels, but charges 30% to 50%.

The victim Wang has pferred RMB 222 thousand yuan, and bought 3 bags respectively. Afterwards, she found that the quality of the "French direct mail" brand leather bag was defective and reported to the Public Security Department of Changning.

After the identification of Hermes brand, all the brand packages purchased by the victims were copied.

After investigating the relevant documents such as mailing documents provided by the victims, the police found that the woman's real identity was the suspect Xu, who was only 27 years old. He was still studying in France when the crime was committed, and the goods were indeed sent directly from France to Shanghai.

Xu Xu, a criminal suspect, returned to France from France in March 18th this year. The police station of the police station has been controlling it at Pudong International Airport.

According to Xu's account, in September 2014, she made friends with her friends in France, and began to do business on behalf of the buyer. She sold the package of fake packages and sold them at the price of real bags, and made a total profit of over 4 yuan.

Feng Xiang, chief judge of the Pudong court, told reporters that the criminal cases of WeChat's "friend circle" selling and selling have some common characteristics.

One is 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 under the net; three, when the defendant comes in, he knows that he bought a fake, and thinks that as long as the price is low, or that it is overseas purchasing, high imitation and original, it will be fine. Four, WeChat's "friend circle" is just a display platform. After buying the goods, the buyer will contact the defendant through WeChat, see the goods and cash pactions at the scene.

WeChat's "friend circle" this way of "spot goods and cash pactions" also brings difficulties to trial practice.

"It is neither like Taobao stores or Tmall stores, nor is it an electronic business like Jingdong or Amazon. There is no sales record, which leads to the fact that the defendant's actual sales situation is difficult to ascertain."

Feng Xiang said.