[Typical Case] Zhejiang: Jointly released the typical case of intellectual property coordination protection

Focusing on the collaboration of registered trademarks illegal crimes, the Zhejiang Provincial People's Procuratorate and the Zhejiang Provincial Market Supervision and Administration Bureau organized the selection and jointly released the first batch of typical cases of collaborative protection.

Case number one:

A company in Hangzhou

Illegal manufacturing and sales of illegal manufacturing registered trademark logo cases

Collaborative handling unit:

People's Procuratorate of Yuhang District, Hangzhou City

Hangzhou Yuhang District Market Supervision and Administration Bureau

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Basic case

In the first half of 2021, a company in Hangzhou was entrusted by his legal representative Ye Moumou and manager Zhang Moumou. Wu Moumou and Zhu Moumou were sold out of the brand's bulk dumplings in the gift box. The Hangzhou Yuhang District Market Supervision and Administration Bureau (hereinafter referred to as the "Yuhang District Municipal Supervision Bureau") was investigated on June 1, 2021 to the criminal case of the case of the Hangzhou Public Security Bureau Yuhang District Branch. Later, the case was transferred to Yuhang, Hangzhou The District People's Procuratorate (hereinafter referred to as "Yuhang District Procuratorate") was reviewed and prosecuted. On November 30, 2021, the Yuhang District Procuratorate filed a public prosecution in Hangzhou, Ye Moumou, Zhang Moumou, and Cai Moumou with illegal manufacturing and sales of illegal manufacturing. The illegal manufacturing registered trademark identification was sentenced to a company in Hangzhou a fine of 100,000 yuan. Fine fines for 50,000. On December 20 of the same year, the Procuratorate of Yuhang District was relatively unsuccessful to Wu Moumou and Zhu Moumou.

During the handling of the case, the Yuhang District Procuratorate invited Yuhang District Municipal Supervision Bureau, the Public Security Bureau and other units to participate in the case hearing, fully exchanged opinions on the facts of the facts, the law applicable issues, and reached a consensus. After making decisions of Wu Moumou and Zhu Moumou in accordance with the law, the Yuhang District Procuratorate issued the "Prosecutor's Opinions" to the Yuhang District Municipal Supervision Bureau, suggesting that the Market Supervision and Administration Bureau shall impose administrative penalties for the two in accordance with the law. On January 28, 2022, the Yuhang District Municipal Supervision Bureau imposed a fine of RMB 76008.80 of the company where Wu Moumou and Zhu Moumou were located in accordance with the law.

Typical meaning

The procuratorial organs of this case and the Market Supervision and Administration Bureau realize a typical case of two -way closed -loop connection to the "old -fashioned" registered trademark. During the two -way circulation of the administrative law enforcement and criminal justice of the case, the Yuhang District Procuratorate and the Market Supervision Administration fully negotiated to accurately determine the behavior of the registered trademarks of others for sales of other people's registered trademarks without authorization. The handling of the case indicates the direction. At the same time, the Market Supervision Bureau made administrative penalties on the insignificant prosecutors in accordance with the procuratorial opinions, and achieved the unity of strict protection of trademark exclusive rights and criminal policies for the exclusiveness of trademarks in case treatment.

Case 2:

Chen Moumou and others

Counterfeit registered trademark case

Collaborative handling unit:

Yuyao People's Procuratorate

Yuyao Market Supervision and Administration Bureau

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Basic case

From 2018 to 2019, more than 30 people including Zhou Moumou, Liu Moumou entrusted Chen Moumou, Li Moumou and others to fake more than ten well -known plastic raw material granules at home and abroad, and sold to nearly 50 more than 50 in Shanghai, Wuhan and other places. Home company. In October 2019, when the Yuyao People's Procuratorate (hereinafter referred to as "Yuyao Procuratorate"), when reviewing and arrested 41 criminal suspects in the case, due to the large number of registered trademarks involved in the case Models and "talks" are traded. Some infringed foreign registered trademark companies have no branches in the country and cannot fully understand the information and authenticity of relevant plastic products, causing the case review and arrest work to be in trouble. In response, the Yuyao Procuratorate invited the Yuyao Market Supervision and Administration Bureau (hereinafter referred to as the "Yuyao Municipal Supervision Bureau") professionals in depth the warehouse and used professional knowledge to take the needle and packaging material of the edge of the plastic product packaging bags involved in the case. The details such as the side injection comparison with the genuine products are compared with genuine products. In a short period of time, it is determined that the seized plastic products are authentic and false, and successfully completed the review and arrest of 41 criminal suspects. At the same time, in response to the problems presented in the examination and arrest case, the Yuyao Procuratorate, the Yuyao Municipal Supervision Bureau and the Municipal Public Security Bureau held a joint meeting to discuss the transfer of clues, the application of the law, the evidence standards, and determined the evidence standards. In March 2020, the Yuyao Procuratorate filed a public prosecution in batches of the defendant of the series. After more than a year, 36 defendants involved in the case had been judged according to law. The sentence was sentenced to more than three years in prison, and the defendants did not appeal.

Typical meaning

This case is a typical case of professional support for the procuratorial organs to handle criminal cases of intellectual property. In the handling of the case, the procuratorial organs actively cooperated with the market supervision department to give play to the professional specialty and resource advantages of the market supervision department, and provide professional opinions on the fact that the real and false identification of the plastic brand, industry term, and brand models involved in the case. Charges crime. At the same time, in response to issues such as execution, law applications, and evidence standards reflected in the case, the Procuratorate and the Market Supervision Bureau held consensus with relevant departments in a timely manner to meet the subsequent handling of the series of cases and the condensation of similar infringement of intellectual property cases.

Case three:

Wu Moumou

Unit of counterfeit registered trademark case:

Leqing People's Procuratorate

Leqing Market Supervision and Administration Bureau

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Basic case

On September 3, 2020, Law enforcement officers of Leqing Market Supervision and Administration Bureau (hereinafter referred to as "Yueqing Municipal Supervision Bureau") seized 1204 boxes of tiles of counterfeit trademarks in a school expansion project in Leqing, and then Wu Moumou will be Wu Moumoumoumou The clues and related materials suspected of counterfeit registered trademark were transferred to the Leqing Public Security Bureau. The Yueqing Public Security Bureau made a decision on November 17, 2020. Subsequently, the Yueqing Municipal Supervision Bureau used the execution mechanism between the People's Procuratorate of Leqing City (hereinafter referred to as the "Yueqing City Procuratorate") to the Leqing Procuratorate informing the case of the case and transferred to the public security organs for no case instructions. After reviewing and reviewing the administrative dossier, Yueqing City Procuratorate issued the "Notice of Reason for No File Case" to the Leqing Public Security Bureau on June 16, 2021. The Yueqing Public Security Bureau was investigated on June 23, 2021 to investigate the case of Wu Moumou's counterfeit registered trademark. On April 25, 2022, Wu Moumou was sentenced to seven months in prison by the Leqing People's Court, one year and two months in probation, and fined 30,000 yuan.

Typical meaning

This case is a typical case that gives full play to the advantages of the procuratorial organs and the market supervision bureau. Through the transfer of the case of the case of the case of the market supervision bureau, the information resources are shared in a timely manner, and the quality and efficiency of the supervision of the case will be greatly improved, thereby strengthening the collaborative protection of intellectual property rights, and forming a combined combination of intellectual property crimes.

Case 4:

Zhejiang Power Co., Ltd.

Counterfeit registered trademark case

Collaborative handling unit:

Changxing County People's Procuratorate

Changxing County Market Supervision and Administration Bureau

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Basic case

From October 2020 to July 2021, Qiao Mou, the manager of Zhejiang Power Co., Ltd., knew that Hu and Lu Mou had not obtained the permission of the registered trademark right holder, and arranged for workshop workers to produce counterfeit trademark lead -acid batteries 3559 3559 3559 Only the sales amount is RMB 186177. On July 12, 2021, the Changxing County Market Supervision and Administration Bureau (hereinafter referred to as the "Changxing County Supervision Bureau") transferred the case to the public security organs; on September 15, the public security organs were transferred to the Changxing County People's Procuratorate ( The following is referred to as "Changxing County Procuratorate") for review and prosecution. During the review and prosecution, the Changxing County Procuratorate and the Changxing County and Municipal Supervision Bureau launched the execution mechanism. After the communication meeting, it was agreed that the corporate intellectual property protection awareness was weak, the risk prevention and control and supervision and management mechanism was not perfect, and it was necessary to carry out a comprehensive rectification. After the compliance procedure was launched, the Changxing County and Municipal Supervision Bureau participated in the whole process as a member of the third -party supervision and evaluation organization of the compliance, and repeatedly cooperated with the Changxing County Procuratorate to investigate the production and operation of the enterprise on the spot and review the compliance materials of the enterprise. With the supervision and help of the Changxing County Supervision Bureau, a certain power supply company in Zhejiang has successfully implemented the completion of the compliance construction plan and passed the inspection and acceptance. On May 20, 2022, the Changxing County Procuratorate held a public hearing that was not prosecuted in the case. The Changxing County and Municipal Supervision Bureau specially appointed intellectual property experts to participate in the hearing and expressed their opinions. After the hearing, the Changxing County Procuratorate made a decision on non -prosecution in accordance with the law on a certain power supply company in Zhejiang and related responsible persons, and issued the "Prosecution Opinions" to the Changxing County and Municipal Supervision Bureau. An administrative penalty of a power supply Co., Ltd.. On September 13, 2022, the Changxing County Supervision Bureau imposed a fine of 50,000 yuan in the company.

At the same time, Changxing County Procuratorate also issued the special property disposal provisions of the Changxing County and Municipal Supervisory Bureau, and agreed to the acquisition and disposal of the infringing battery by the trademark right holder, saving the cost of disposal and the unity of social effects and legal effects.

Typical meaning

In the process of the case of the case of the procuratorial organs and the Market Supervision and Administration of the case, the division of labor cooperated and cooperated in cooperation to jointly carry out typical cases of corporate criminal compliance and property disposal involved in the case. On the one hand, the procuratorial organs invite market supervision departments to participate in the investigation of corporate criminal compliance inspections and other work through the torture mechanism to ensure the smooth progress of corporate criminal compliance; on the other hand Property saves judicial costs. The two -way connection cooperation model of "Procuratorate + Administration" has effectively promoted the healthy development of market entities, created a better business environment for rule of law, and truly achieved a win -win, win -win and win -win execution co -governance effect.

Case 5:

Xiang Moumou, Cui Moumou

Sales of counterfeit registered trademarks

Collaborative handling unit:

Luzhou People's Procuratorate

Xinhua District Market Supervision Administration of Shijiazhuang City, Hebei Province

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Basic case

In May 2019, the R22 refrigerant with 600 bottles of registered trademarks with a brand of a brand was sold to the priced price of 6,9900 yuan to the non -prosecutor Cui Moumou. After receiving the goods, Cui Moumou was seized by the Market Supervision and Administration Bureau of Xinhua District, Shijiazhuang City, Hebei Province (hereinafter referred to as the "Xinhua District Municipal Supervision Bureau"). After price certification, the market price of 600 bottles of refrigerant involved in the case was 19,6530 yuan. During the case review and prosecution, due to the flaws of some evidence, the Luzhou People's Procuratorate (hereinafter referred to as the "Luzhou Procuratorate") sought assistance from the Xinhua District Supervision Bureau, and finally strengthened the evidence of the case with the assistance of the bureau. On December 10, 2020, the Procuratorate of Luzhou City was reviewed that Xiang Mou had a self -priority and attempted crime of Cui Moumou. 1 million yuan, and obtained an apology and obtained forgiveness, then decided to relatively non -prosecution to the two. After making a decision of non -prosecution, the Luzhou Procuratorate issued the "Prosecution Opinions" to the Xinhua District Municipal Supervision Bureau on March 16, 2021, and suggested that it was imposed on the administrative penalty (Cui Moumou had been punished by administrative penalties). On May 11 of the same year, the administrative penalty decision to impose a fine of RMB 24,4650.

Typical meaning

This case is a typical case of cross -provincial cooperation between the procuratorial organs and the Market Supervision and Administration Bureau. The successful practice of the Luzhou Procuratorate and Xinhua District Supervision Bureau provided a good demonstration for the increasingly frequent cross -regional intellectual property coordination protection work after the assistance of evidence collection and not prosecuted.

Case 6:

Zhejiang Shoe Industry Co., Ltd.

Counterfeit registered trademark case

Collaborative handling unit:

Wenling People's Procuratorate

Wenling Market Supervision and Administration Bureau

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Basic case

In March 2021, Zhejiang Shoe Industry Co., Ltd. (hereinafter referred to as "a certain company") did not produce 6,960 yuan in leather shoes and casual shoes without registered trademark right holders, with a value of RMB 89,568. On October 15, 2021, the Wenling City Public Security Bureau was transferred to the Wenling People's Procuratorate (hereinafter referred to as the "Wenling Procuratorate") for review and prosecution for a company's suspected counterfeit registered trademark. After the case, the Wenling Procuratorate invited the Wenling Market Supervision and Administration Bureau (hereinafter referred to as the "Wenling Municipal Supervision Bureau") to conduct a visit to investigate, and learned that the company actively resumed work during the epidemic, and fully implemented more than 250 employee employment guarantees. And maintain the annual output value of 40 million, which does not decrease, which meets the conditions for the development of corporate criminal compliance. On January 24, 2022, the Wenling Procuratorate decided to conduct a 6 -month compliance inspection of a company. During the inspection period, the Wenling City Procuratorate, together with Wenling Municipal Supervision Bureau and third -party compliance supervisors, supervised the company's rectification results on site, and repeatedly met with enterprise rectification plans to analyze corporate trademark compliance management systems, internal process supervision systems, trademark infringement Risk prevention response mechanisms and other problems and adjustment of directional adjustment to ensure that the company's compliance is implemented. After the inspection period expired, the Wenling Municipal Supervision Bureau issued regulatory opinions. The Wenling City Procuratorate held a public hearing. The Wenling Municipal Supervision Bureau, the compliance supervisor, and the representatives of the people's congresses of the city and towns were fully demonstrated around the effectiveness of the rectification of the rules and regulations, and finally determined that the company's criminal synthesis regulations were qualified. On September 6, 2022, the Wenling City Procuratorate made a relatively non -prosecution decision on a company, and issued the "Prosecutor's Opinions" to the Wenling Municipal Supervision Bureau, and suggested that an administrative penalty for a company.

Typical meaning

This case is the first case of criminal co -conjunction of intellectual property in Taizhou. The Wenling City Procuratorate and the Wenling Municipal Supervision Bureau have thoroughly implemented the "six stability" and "six guarantee" policy requirements, and actively explore the connection of criminal justice and administrative law enforcement. Through the capable and cooperative performance of the procuratorate and the Market Supervision Bureau, the substantial compliance rectification of the enterprise involved in the case was urged to truly realize the "help one, support one section, and send one journey", and to ensure that the rights and interests of corporate rights and promote laws are equal. Establish benchmarks to guide the healthy development of enterprises.

Source | Zhejiang Procuratorate

Edit | Wu Shiyu

Review | Wu Ping

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