LV, GUCCI Merchants Bought Fake Luxury Goods With A Probation Penalty Of 80 Thousand

Printed "LOUIS VUITTON".

), "GUCCI" (Gucci), "HERMES" (Hermes) and other registered trademarks of chemical fiber cloth 45500 meters and blankets 462, almost from China to Thailand, fortunately, was seized by the customs.

In December 22nd, the reporter learned from the third intermediate people's Court of Shanghai that the court made a first instance judgment on the defendant's sales of counterfeit registered trademarks on the same day, and sentenced him to two years' imprisonment, two years' probation and a fine of eighty thousand yuan.

This is the first case of first instance of infringing intellectual property rights, which was concluded by the Third Hospital of Shanghai after adjusting the jurisdiction of criminal cases.

Wu Xielin, President of the third Central Hospital of Shanghai, heard the case as the presiding judge.

Defendant: export more than 40 thousand meters of chemical fiber cloth printed with luxury trademark.

In November 2014, the defendant Zhang Mou made a profit for selling goods outside the territory, knowing that the goods involved were counterfeited registered trademarks, and he was still in Nantong, Jiangsu.

The city and other places purchase 45500 LOUIS and 462 woolen blankets, including "VUITTON GUCCI" (Louis Weedon), "GUCCI" (Gucci), "HERMES" (Hermes), "APPLE" (Apple), "MICKEY MOUSE" (Mi Laoshu), "BURBERRY" (Bo Baili), and so on. They are exported to Thailand and sell to others for sale at the price of 44784.6 yuan (equivalent to RMB 275035.66 yuan).

In November 11, 2014, Zhang entrusted the above products to Nantong Xunxun import and Export Co., Ltd. for customs declaration procedures, and was seized and withheld by Shanghai customs.

The public prosecutor accuses that in the commodities seized in November 12, 2014, except for the blankets with "Giorgio Arman", which are different from the registered trademarks of "Giorgio Armani" (Armani), and the rights holders have not been identified, other commodities are recognized as registered trademarks by other relevant rights holders.

It was also found that the defendant Zhang admitted that he knew that the goods involved were all goods which were not authorized by the obligee, and that the sources of blankets and chemical fiber fabrics were all abnormal channels. When customs clearance was done, he mixed the counterfeit trademarks into unbranded blankets and PVC bags, so that the purpose was to muddle through.

Public prosecution organ: defendant has surrendered circumstances

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According to the public prosecution organs, the defendant Zhang Mou seeks illegal gains.

Knowing that it is a counterfeit registered trademark, the amount of sale amounted to RMB 27 yuan, and the amount is huge. Its behavior has constituted the crime of selling counterfeit registered trademarks. However, taking into account the defendant's automatic surrender after receiving the telephone notification from the investigating organ, he can give a lighter or mitigated punishment if he surrenders himself.

According to the trial of the Third Hospital of Shanghai, the accusation of the public prosecution organ is clear and the evidence is indeed sufficient.

At the same time, we should confirm the circumstances of the defendant's surrender and prepaid fine, and make a decision to reduce the penalty according to law.

In December 22, 2015, the third intermediate people's Court of Shanghai made a first instance judgment on the defendant's sales of counterfeit registered trademarks, and sentenced him to a fixed-term imprisonment of two years, two years' probation and a fine of eighty thousand yuan.

Shanghai third middle court accepts intellectual property criminal cases, and is the designation of Shanghai high court in accordance with the nature of the administrative divisions.

Shanghai third central hospital has made full use of the advantages of the joint office with the court of know production, and the "cross boundary" has formed a collegial panel. It is composed of Wu Xielin, the president of the three central court, and the chief judge of the third central court, the judge of the criminal tribunal of the third hospital and Wu Yingzhe, the judge of the court of know production.

The trial of judges with knowledge of production and trial is not only conducive to the professionalization of criminal cases, but also helps to ensure the unification of the referee's ideas in civil, administrative and criminal cases, and to strengthen the protection of intellectual property rights.