Xinjiang announced typical cases of intellectual property protection in 2021

Author:Xinjiang Legal Daily Time:2022.07.28

On July 27, the Autonomous Region Market Supervision and Administration Bureau (Intellectual Property Bureau) announced 10 typical cases of intellectual property protection in Xinjiang Uygur Autonomous Region in 2021, involving the protection of intellectual property rights such as trademark rights and patent rights at home and abroad, covering wine, cigarettes, and cigarettes, and Auto accessories, agriculture and animal husbandry and other fields.

It is reported that in 2021, the courts in the district tried a total of 1,458 intellectual property cases, and 858 procuratorial organs at all levels were invaded in advance infringement of intellectual property. The department handles 901 patent administrative cases, 285 trademark administrative cases, and 147 infringement cases in Urumqi Customs. In addition, the value of more than 1,8665 million yuan of goods, medicines, tobacco, alcohol, pirated books, clothing, etc. collected for the uniformly destroyed by more than 18.665 million yuan in intellectual property rights and counterfeit and shoddy goods.

Case 1 Sales counterfeit registered trademark beer case

On April 12, 2021, the Autonomous Region Market Supervision and Administration Bureau received a report from Xinjiang Wusu Beer Co., Ltd. to find out in many provinces and cities in the Mainland. And misunderstanding.

The Autonomous Region Market Supervision and Administration Bureau reports to the State Administration of Market Supervision and Management, asking for special personnel to go to relevant provinces and cities in the Mainland to assist in investigating and obtaining evidence. With the coordination of the General Administration, many provinces and cities in the Mainland conducted a case investigation. Among them, the market supervision department of Xiamen Province in Fujian Province inspected the pockets of 2132 boxes of fake Wusu beer products in accordance with the law, ordered the infringement of Xiamen Industry and Trade Co., Ltd. to stop selling counterfeit Wusu beer products, confiscated 25,560 bottles of counterfeit products, and imposed a fine of 80,000 yuan; The market supervision department of Hubei Province ordered a wine industry to stop the production of illegal acts that imitate Wusu beer products and impose a fine of 60,000 yuan.

Case II Sales Infringement Commodity Case

On April 23, 2021, law enforcement officers of the Tower City Market Supervision and Administration Bureau inspected a tobacco and alcohol merchants and found that the Yili Laojiao, Guizhou Moutai, Wuliangye Wine, Sea Blue, Dream Blue (Dream 6. Dream 3) It is inconsistent with Guojiao 1573 wine.

After identification, the above -mentioned products are all commodities that violate registered trademarks. After investigation, the tobacco and alcohol business bank purchased a total of 252 bottles of the above infringing goods, involving 260,290 yuan, which was suspected of crime. The Tower City Market Supervision and Administration Bureau transferred the case to the public security organs for processing.

Case II

On April 27, 2021, the Korla Market Supervision and Administration Bureau and the Bizhou Korla Xiangli Association checked the Korla packaging product factory and found that 5,000 unprecedented Parlla Xiang Pear Association was marked with "Xianpai Korla Xiangli "Packaging carton, the value of 15,000 yuan.

After investigation, the batch of infringing goods for the dedicated rights of registered trademarks, the Korla Market Supervision and Administration Bureau shall order to stop illegal acts and impose a fine of 15,000 yuan.

Case Four Automobile Windwights Glass Trademark Initage Case

On June 8, 2021, the Hami Market Supervision and Administration Bureau and the Hami Public Security Bureau Food and Drug Environment Investigation Branch conducted law enforcement inspections on a Hami car service limited company in accordance with the law.

After investigation, the company's sales and inventory of 1963 car windshields violated the special rights of registered trademarks of 8 brands such as BMW, Mercedes -Benz, and Honda, involving the amount of 27.81 million yuan. The company's sale of violations of registered trademarks dedicated commodities was suspected of crime, and the Hami Market Supervision and Administration Bureau was transferred to public security organs in accordance with the law.

Case VI sales violations of registered trademarks Special rights common rubber case soft cable case

On July 27, 2021, during the law enforcement inspection, the Hami Market Supervision and Administration Bureau found that the cables sold by 5 cable dealers sold in Hami could not provide inspection reports and 3C certifications.

After identification, the cable involved in the case is a product that violates the special rights of registered trademarks of a cable Co., Ltd. in Hebei. After investigation, the cables involved were sold by a wire and cable business bank in Midong District, Urumqi, with a sales amount of 85,755 yuan.

The business bank's sales of universal rubber sleeve soft cables that infringe on registered trademarks have been suspected of crime. The Hami Market Supervision and Administration Bureau transferred the case to the public security organs for processing.

Case six violations of "Langjiu" and "Jiu Jiu" trademark right case

In March 2021, the Hami Public Security Bureau Food and Drug Environmental Crime Investigation Branch handed over the clue according to the Hami Market Supervision and Administration Bureau to investigate the commodity case of Song Moulan's sales of counterfeit registered trademarks. 1188 bottles.

During the investigation, the police of the task force moved across provinces to four provinces in Guizhou, Sichuan, Guangxi, and Henan. 6 criminal suspects were arrested to produce and sell counterfeit registered trademark liquor. There are more than 1500 bottles of bottle, semi -finished white wine, and unpacking of about 1 ton.

After identification, the brand's liquor of the brand's brand of counterfeit registered trademarks is about 21 million yuan.

Case VII sales counterfeit registered trademark cigarette case

In April 2021, the Food and Drug Environment Crime Investigation Bureau of the Public Security Department of the Autonomous Region Public Security Department handed over the clue according to the autonomous regulations of the Tobacco Monopoly Bureau to investigate the commodity case of the "4.21" sales of counterfeit registered trademarks in Holgos City. 136 hard China (export version), 160 Hibiscus king (export version), 143 littering (export version), a total of 21,950, worth 6.061 million yuan. After being identified by the Tobacco Quality Supervision and Testing Station of the Autonomous Region, the seized cigarettes were all counterfeit registered trademarks and the poor quality of cigarettes was investigated according to law.

Case 8 Sales of counterfeit registered trademarks for animal husbandry for salt

In July 2021, the Food and Drug Environmental Crime Investigation Branch of the Public Security Bureau of the Public Security Bureau of the Tacheng District investigated the sales of counterfeit brands of animal husbandry salt. , Sell it at the price of 16 yuan per bag to the whole country.

As of the end of 2021, the case had arrested 6 suspects and 3 fake dens to destroy the fake nests, and seized more than 20 tons of salt for a certain brand of animal husbandry, and the total value of more than 1.3 million yuan was involved.

Case nine invasion of "yamaha" trademark right case

On July 6, 2021, a company in Jiangmen commissioned a company in Urumqi to declare 14 Wangye brand 150cc motorcycles to Wuchang Customs, and 26 without a brand 150cc motorcycle, which was exported by Horgos.

After verifying the on -site check, the declared goods actually loaded 14 Wangye brand 150cc motorcycles, and the "CQYAMAHA" trademark logo 200cc motorcycles 26 were marked. Among them, 26 motorcycles were suspected of infringing the Yamaha "YAMAHA" trademark logo of the Yamahahaham. The value of infringing goods is 102,000 yuan.

After investigation, the batch of goods is an infringement product, and Wuchang Customs made an administrative penalty decision to collect infringement goods in accordance with the law and impose fines of fines.

Case 10 "Huamei No. 1" corn hybrid seed infringement case

In 2021, a certain industry Co., Ltd. complained to the Seed Industry Management Department of the Ministry of Agriculture and Rural Affairs. Some people in Dongwan Town, Shawan City, Tacheng area illegally produced and breed the company's "Huamei No. 1" hybrid corn seeds without permission.

After on -site inspections of the Agricultural Comprehensive Law Enforcement Detachment of Shawan City, the infringing parties breed the "Huamei No. 1" hybrid corn seeds in Dongwan Town, Shawan City.

The Shawan Agricultural and Rural Bureau organized a certain industry Co., Ltd. to dock with the infringing parties. After the two parties negotiated and agreed, the infringement parties crushed all the mechanical corn of 59.15 acres of infringement into silage. (Pomegranate/Xinjiang Legal Daily Reporter Gu Xueli Intern Reporter Gong Yanchen)

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