Beijing, 16 Dec (Reporter Kelvin Cui) The reporter recently learned from the Office of the Leading Group for the National Special Action against Infringement of Intellectual Property Rights and the Manufacture and Sale of Fake and Inferior Commodities that the Supreme People’s Court has released seven typical cases:
1. Huang Conglin and others sold fake and inferior products.
The Intermediate People’s Court of Dongguan City, Guangdong Province found through trial that since April 2005, defendants Huang Conglin and Ding Ping have successively hired defendants Luo Xiang and others to provide services for others to export fake cigarettes, and transported them to Britain, Germany and other countries and regions for sale. From December 2005 to June 2008, Huang Conglin and Ding Ping participated in the transfer of counterfeit cigarettes worth 153,618,786 yuan; Luo Xiang, Chen Zhongwu, Che Shuxian and Su Jianglong handled the case with a value of 149,169,860 yuan; The value involved in Chen Bingzhu’s case is 119.16016 million yuan; Peng Hongyan, the legal representative of Dingsheng Company, handled the case with a value of 17.258 million yuan. The Dongguan Intermediate People’s Court found that all the defendants in this case constituted the crime of selling fake and inferior products, sentenced the defendant Huang Conglin to 15 years’ imprisonment and fined RMB 5 million. The defendant Ding Ping was sentenced to 15 years’ imprisonment and fined RMB 2 million.
2. Zheng Chenglai’s case of selling counterfeit registered trademark goods.
The Intermediate People’s Court of Qingdao found through trial that in July 2007, the defendant Zheng Chenglai (Korean) entrusted the defendant Cui Chengquan to transport 90,000 tablets of Viagra, a drug with a registered trademark of Pfizer in the United States, and Hilary, a drug with a registered trademark of Lilly in the United States, to South Korea for sale. Qingdao Intermediate People’s Court found that the defendants Zheng Chenglai and Cui Chengquan both constituted the crime of selling goods with counterfeit registered trademarks, sentenced Zheng Chenglai to two years’ imprisonment, fined 500,000 yuan and deported; Cui Chengquan was sentenced to one year and eight months in prison and fined 200,000 yuan.
3. Yang Changjun’s case of selling counterfeit registered trademark goods
The People’s Court of Chaoyang District, Beijing found through trial that the defendant Yang Changjun had been storing and selling counterfeit LOUIS VUITTON, GUCCI and CHANEL registered trademarks in the underground warehouse for profit since May 2007. On August 9, 2009, public security personnel seized 8,425 counterfeit men’s and women’s bags with a value of 766,990 yuan. The Chaoyang District People’s Court found that the defendant Yang Changjun constituted the crime of selling goods with counterfeit registered trademarks, and sentenced Yang Changjun to three years and six months in prison and fined RMB 10,000. 8425 packages with counterfeit registered trademarks were confiscated.
4. Jin Fusong’s case of counterfeiting registered trademarks.
The People’s Court of Jin ‘an District, Fuzhou City, Fujian Province found through trial that from August 6, 2008, the defendant Jin Fusong and Lin Zhixiang (at large) produced toner with nine registered trademarks, including Canon, Toshiba, Minolta, Kyocera, Xerox, Ricoh, Sharp, Panasonic and Aurora, and sold them for profit. By March 4, 2009, the case was filed and all kinds of counterfeit toner had been sold. The People’s Court of Jin ‘an District sentenced the defendant Jin Fusong to four years’ imprisonment and fined him 150,000 yuan for the crime of counterfeiting a registered trademark.
5. Horuma’s case of infringement of trade secrets
The Intermediate People’s Court of Chengdu, Sichuan Province found through trial that from May 21, 1999 to September 1, 2004, the defendants Horimao (Japanese nationality), Zhou Yong, Liu Fagang and Shen Qian worked as general managers and related positions and translators in the technical department and production department of Chengdu Three Kingdoms Company respectively. From September to December, 2004, Shen Qian, Zhou Yong and Liu Fagang successively resigned from Chengdu Sanguo Company and took up jobs in the newly established Kemei Company. In May 2005, Kemei Company began to produce and sell secondary air valves. In the meantime, Horimao copied the technical drawings of the secondary air valve mastered by the original company to Zhou Yong, and asked Liu Fagang and others to mail the candid photos to Kemei Company through Shen Qian. Kemei Company manufactured and sold 841084 sets of AV01 secondary air valves accordingly. The Chengdu Intermediate People’s Court found that the defendants Mao, Lei Jianping, Zhou Yong, Liu Fagang and Shen Qianxing all constituted the crime of infringing trade secrets, and sentenced Mao to two years and five months in prison and fined 500,000 yuan. Lei Jianping, Zhou Yong and Liu Fagang were sentenced to two years in prison, suspended for three years, and fined 400,000 yuan; Shen Qian was sentenced to one year’s imprisonment, suspended for two years, and fined 100,000 yuan.
6. Wang Jiahao’s copyright infringement case
The People’s Court of Changshu City, Jiangsu Province found through trial that the defendant Wang Jiahao set up a "go and listen" music network on the Internet to provide music audition without approval since March 2008. Among them, there are 677 songs which are copyrighted by international federation of the phonographic industry member Universal Records Limited and Warner International Music Co., Ltd., all without permission. From March to June, 2009, Wang Jiahao placed advertisements on this website, and obtained advertising expenses of 12,837.05 yuan. The Changshu Municipal People’s Court found that the defendant Wang Jiahao’s behavior constituted a crime of copyright infringement, and sentenced Wang Jiahao to six months’ imprisonment, suspended for one year and fined 15,000 yuan. Recover the proceeds of crime.
7. libing case of infringing copyright and selling obscene articles for profit.
The People’s Court of Gulou District, Nanjing City, Jiangsu Province found through trial that the defendant libing bought a film and television CD for profit, knowing that he had not obtained the permission of the copyright owner. On May 26th, 2010, the public security organs seized 5,419 pre-sold CDs in libing, all of which were infringing products. Since then, 1,589 CDs have been seized, of which 1,222 were identified as infringing copies and 367 as obscene articles. The People’s Court of Gulou District found that the defendant libing constituted the crime of copyright infringement and the crime of selling obscene articles for profit. In view of his attempted crime and surrender, libing was sentenced to one year and three months in prison for copyright infringement and fined 30,000 yuan. He was sentenced to eight months in prison and fined 2000 yuan for the crime of selling obscene articles for profit. Combined punishment for several crimes, he decided to execute a fixed-term imprisonment of one year and four months and fined 32,000 yuan.