Typical cases of intellectual property criminal in Guangdong courts
First, Yan and others counterfeit registered trademark case
-- Punishing the trademark crime of "second-hand refurbished" electrical appliances disguised as "original genuine products"
Two, Yang Mou, Wang Mou copyright infringement case
-- Cracking down on online film and television piracy
Three, PI so-and-so infringement of trade secrets case
-- Punishing the crime of the former employee violating the technical secrets of the original enterprise
Fourth, Dong Mou and others counterfeit registered trademark case
-- Severely punishing the crime of producing and selling masks with fake registered trademarks
V. Case of Wang selling counterfeit registered trademarks
-- Cracking down on trademark crimes in new forms of electric bullet Windows
Six, Gao Mou repeatedly sold counterfeit registered trademarks of commodity cases
-- Punishing the trademark crime of livestreaming goods with knowledge of counterfeit sales
01
Yan and others counterfeit registered trademark case -- punishing the trademark crime of "second-hand refurbished" electrical appliances disguised as "original genuine goods"
【 Basic case 】
Beginning in April 2018, the defendant Yan XX established a superimposed trading company in Foshan, and successively hired the defendant Wu mou, Wei Mou, etc., in the absence of the authorization of the trademark registrant, from Jingdong, Suning and other channels to buy second-hand millet TV sets that were returned by consumers due to different degrees of quality problems, and then bought various third-party counterfeit accessories, printed with"
”Registered trademark identification of paper boxes and other materials, TV testing, maintenance, replacement of screens, accessories and other different degrees of renovation, after repackaging in the APP in the name of "genuine, original millet TV" foreign sales for profit. The police found counterfeit LCD panels, packaging, and external accessories at the scene.
795 TV sets registered as trademarks. After verification, the above TV is worth more than 529,000 yuan. It was also found that from July 2018 to April 2019, Yan only bought as many as 10,837 second-hand millet TV sets from Jingdong Paipai second-hand spare parts warehouse.
【results of judgments and rulings】
The People's Court of Nanhai District of Foshan City held that: Yan and others refurbished the second-hand TV purchased through legal means does not constitute a crime in itself, but the refurbished Xiaomi TV is not a new original genuine, and can not be sold in the name of the new original genuine without the permission of Xiaomi Company. The behavior of Yan and others made consumers mistake the refurbished machine for a new original genuine machine, causing consumers to confuse the source of the goods, and damaging the market goodwill of Xiaomi. Yan was sentenced to fixed-term imprisonment of three years and six months and fined 250,000 yuan for the crime of counterfeiting registered trademarks; The other five accomplices were sentenced to one year and eight months to one year in prison and fined for counterfeiting registered trademarks. The second instance of Foshan Intermediate People's Court upheld the original verdict.
【Typical significance】
This case is a typical case of the crime of counterfeiting registered trademarks by disguising genuine "second-hand refurbished" electrical appliances as "original genuine". The behavior of destroying the quality assurance function of the registered trademark and causing consumers to confuse the source of the goods not only damages the goodwill of the manufacturer, but also damages the legitimate rights and interests of consumers. To investigate the defendant for criminal responsibility according to law is of great significance for maintaining the order of fair competition in the market.
02
Yang Mou, Wang Mou copyright infringement case -- to combat the piracy crime of online film and television works
【 Basic case 】
Defendants Yang Mou and Wang Mou have been employed by others as editors of the "Cool Cloud Resource Station" website since the beginning of 2017. Without the authorization of the right holder, Yang and Wang downloaded the film and television works on the Internet to the designated transfer server, and then re-edited the introduction poster of the above film and television works and put it on the "cool cloud resource station" website for others to watch for free. Yang Mou to buy others to secretly record the latest theatrical film and television works, and will secretly record "Climbers" "post-00" and other film and television works through the same way to the "cool cloud resource station" website for others to watch for free. At the time of the incident, there were more than 21,000 effective links to watch film and television works on the website involved.
【Results of judgments and rulings】
Jiangmen Xinhui District People's Court after hearing that: Yang Mou, Wang Mou for profit purposes, without the permission of the copyright owner, through the information network communication mode to copy and distribute the right holder to enjoy copyright in accordance with the law of the film, television video works, their behavior has constituted the crime of copyright infringement, belongs to other particularly serious circumstances. And because Yang Mou, Wang Mou guilty plea, meritorious performance and repentance performance, can be given a lighter punishment. Combining the facts of the case, Wang and Yang were sentenced to fixed-term imprisonment of one year and four months and one year and three months respectively for the crime of copyright infringement, and were also fined, and the illegal gains were recovered according to law.
【Typical significance】
In this case, the defendant was found to constitute a crime of copyright infringement in accordance with the law, and the illegal recording of movies and other online infringement and piracy acts were cracked down on in accordance with the law, which is conducive to standardizing the order of online copyright and purifying the online copyright environment.
03
PI A case of infringement of trade secrets - severely punish the crime of former employees violating the technical secrets of the original enterprise
【 Basic case 】
In October 2001, Hong Kong Oxtail Company, a subsidiary of Japan's Oxtail, set up Oxtail Motor Factory in Guangzhou, mainly producing "mercury projection wick" products. From June 2005 to August 2012, the defendant PI XX used the convenience of serving as the manufacturing department and quality department manager of Oxtail Motor Factory to obtain the production process technical information of the factory's "mercury projection wick" by improper means. In 2015, after leaving the company, PI set up Laituo Pu company, producing and selling the same products as Oxtail Motor factory "mercury projection wick". On December 8, 2020, the public security organs seized wick products, semi-finished products, production equipment, etc. in Laituo Pu Company, and there were a large number of key production process information or essentially the same technical information with the key production process information of "Mercury projection wick" of Oxtail Motor factory. According to the audit, from April 2015 to March 2020, Hong Kong Oxtail paid a total of more than 140 million yuan to Japan Oxtail for related products; Oxtail motor factory paid to Guangzhou Oxtail business expenses totaled more than 36 million yuan, and related products technical guidance fees totaled more than 19 million yuan; From January 2017 to December 2019, Laituo Company sold 429,737 products of the same type, and the gross profit of infringing products totaled more than 74 million yuan according to the gross profit of the company's sales.
【Results of judgments and rulings】
The Baiyun District People's Court of Guangzhou held that the "mercury projection wick" production process information of Oxtail Motor factory was identified as technical information not known to the public, and Oxtail motor factory took the necessary confidentiality measures for the technical secret. Defendant PI, knowing that employees have the obligation to keep confidential the company's production process and technical information, still took advantage of his position to obtain the technical information by improper means, left the company to set up Laituo Pu Company, and used the technology to secretly produce the same products into the market, the amount of illegal income was particularly huge, resulting in particularly serious consequences, so PI was sentenced to six years in prison for violating trade secrets. He was also fined 5 million yuan. Guangzhou Intermediate People's Court of second instance upheld the original verdict.
【Typical significance】
This case is a typical case of severely punishing the crime of infringing trade secrets according to law. The defendant PI xx used his tenure to obtain huge profits and refused to admit guilt and repent, and was severely investigated for criminal responsibility. It shows that the People's Court strictly protects intellectual property rights and supports Hong Kong enterprises to innovate and start businesses in Guangdong in accordance with law.
04
Dong Moumou et al counterfeit registered trademark case -- severely punish the crime of manufacturing and selling fake registered trademark masks
【 Basic case 】
Dongguan Zhinante Company is a subsidiary of Taiwan Zhimian Company, production“
”The brand N95 mask has a high reputation at home and abroad. In May 2020, the defendant Dong Mou illegally obtained“
”The design of the mask packaging box, entrusted to a batch of custom fake Maitre mask packaging boxes, boxes and certificates, and then by Dong mou on the fake mask packaging, in Wang mou's assistance from Guangzhou and other places to Shanghai, Zhuhai and other cities of customers, sales value of more than 16.9 million yuan.
【Results of judgments and rulings】
The Third People's Court of Dongguan City held that the defendants Dong, Wang, Zhu, without the permission of the registered trademark owner, used the same trademark as the registered trademark on the same kind of goods, and the circumstances were particularly serious, which constituted the crime of counterfeiting registered trademark. Among them, the principal offender Dong Mou is a professional operator engaged in the sale of masks, knowing that it should be authorized by the owner of the registered trademark involved in order to use the registered trademark or sell the registered trademark products, but still through the use of counterfeit authorization, certificate, inspection certificate, etc., to organize the manufacture and sale of a large number of masks“
”Trademark fake masks, involving more than 10 million yuan. During the period, Dong also repeatedly reminded employees to place counterfeit cartons, packaging boxes and finished products separately to avoid inspection, and their criminal intent is very obvious and should be severely punished. Therefore, Dong was sentenced to five years and ten months imprisonment and fined 8.95 million yuan respectively for the crime of counterfeiting registered trademarks; Wang was jailed for three years and four months and fined 1.5 million yuan; Zhu xx was sentenced to two years and two months in prison and fined 70,000 yuan.
【Typical significance】
During the epidemic prevention and control period, the criminal acts of manufacturing and selling counterfeit masks were severely cracked down on, and well-known registered trademarks of Taiwan-funded enterprises were protected, demonstrating the firm determination of the Guangdong courts to equally protect all types of market entities.
05
The case of Wang Mou selling counterfeit registered trademarks -- combating the new form of trademark crime of electric bullet window
【 Basic case 】
In 2019, defendant Wang Mou illegally made profits by selling headphones with fake registered trademarks through Shenzhen Xiangyun Technology Co., LTD. In November 2019, the public security organs arrested four people including Li, an employee hired by Wang mou, and Li and Chen, who assisted Wang mou to change the words of the laser, and seized 611 counterfeit Apple brand wireless headphones on the spot. Among them, the appearance contains a total of 44 earphones with Apple brand trademarks, and when the connected device is used, 481 display "AirPods" pairing pop-ups, 81 display "Yijin AirPods" pairing pop-ups, 2 display "Zhenan AirPods" pairing pop-ups, and 3 display "Yue AirPods" pairing pop-ups, worth more than 800,000 yuan.
【Results of judgments and rulings】
After hearing, the Futian District People's Court of Shenzhen held that the above 567 headphones were not printed with Apple brand trademarks on the outside surface, but the "AirPods" logo in the pairing pop-up window has the role of identifying the source of goods, which is a trademark use, and the logo is consistent with Apple's“
”The same registered trademark can lead to confusion among consumers about the origin of the goods. Combined with the documentary evidence, physical evidence, witness testimony, the defendant's confession and other evidence, the defendant Wang Moumou did not know that the Bluetooth headset involved in the case is a counterfeit registered trademark of the goods are not accepted. Wang was sentenced to two years and six months in prison and fined 320,000 yuan for selling goods with counterfeit registered trademarks. Shenzhen Intermediate People's Court of second instance upheld the original verdict.
【Typical significance】
06
Gao Mou repeatedly sold counterfeit registered trademarks of the commodity case -- punish live broadcast with goods to know fake sales of counterfeit trademark crime
【 Basic case 】
Hello Zhuhai Culture Media Co., Ltd. was established on January 6, 2020, and was approved for cancellation on April 29, 2021. The defendant Gao was the company's executive responsible for the sale of counterfeit MLB brand clothing. Beginning in September 2020, Gao bought fake MLB trademark clothing from Fujian and registered it for sale in the Douyin platform in the name of Hello Zhuhai Culture Media Company. Due to customer complaints about the sale of fake goods, Tiktok platform closed the store after processing, Gao registered a new Tiktok store in the name of Ma XX to continue to sell counterfeit MLB trademark clothing. After being blocked for the second time, he registered the shake store again in the name of Yan. Within 4 months, the cumulative sales amount reached more than 1.98 million yuan. On December 23, 2020, the Market Supervision Administration of Xiangzhou District seized a batch of counterfeit MLB trademark clothing in Hello Zhuhai Culture and Media Company, worth about 330,000 yuan.
【Results of judgments and rulings】
After hearing, Zhuhai Xiangzhou District People's Court held that the defendant Gao Mou should know that the MLB trademark clothing sold by him is a counterfeit commodity after receiving returns from customers one after another, and after the store of Douyin was repeatedly closed and fined. However, in order to pursue illegal interests, they have successively instructed others to register Shake stores under different names and continue to sell counterfeit clothing. Gao was sentenced to three years in prison and fined 1 million yuan for selling goods with counterfeit registered trademarks. The second instance of Zhuhai Intermediate People's Court upheld the original verdict.
【Typical significance】
This case involves the sale of fake well-known brand clothing goods through a new e-commerce marketing model of live streaming. After the defendant was blocked by the e-commerce platform after repeated consumer complaints, he still changed his name to continue to sell counterfeit registered trademark goods, and the amount of illegal income is huge, and criminal responsibility is investigated according to law, which is conducive to purifying the network live marketing environment.
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