Recently, the Ministry of Public Security hangs out his shingle those who supervise and direct be suspected of cellar of fluid of Maotai of sham flying Apsaras, 5 grain, country 1573, the well-known trademark registered trade mark such as sword Na Chun, Lai Mao one case, sell total amount many yuan 940, sale abortive amount many yuan 80, such-and-such, bridge such-and-such, Lin Mou some parts to be sold in order to make by people court first instance the commodity blame of sham registered trade mark, sentence a set term of imprisonment.
Mix the false with the genuine, sell wine of of all kinds holiday
Week of such-and-such department Hunan Province of 52 years old person of Shao Dong county, began to run wine business 2009, in manage, she knew town of Guizhou Province Ren Huai bear of one brewery boss is such-and-such, the wine tone that discovers this factory is produced is right, with respect to bud the think of a way that imitates well-known trademark to earn more profit with this. She is made from essay card first, the bottle that buys set bilking cogongrass, box that pack, case, be on sale of the good by fill of ursine such-and-such brewery wine, reentry after be being packed makes work.
Because the quality of wine is good, mouthfeel is good, mouthfeel can achieve the 80% above of true wine, through the inquiry such as mobile phone software, small letter true bogus also does not have the slight difference such as indication agency only, it is true that consumer thinks.
Small after trying a success, week is such-and-such it is cheap to feel to bilk cogongrass wine, come as other trademark wine buck is quick, then a storehouse deposits her hire cellar of Na Chun of fluid of bought flying Apsaras Maotai, 5 grain, sword, country 1573, the false wine such as well lane, have a large number of sales.
2010, in Sichuan Chengdu on a bender, week is such-and-such the bridge that knew county of Fujian Province You Xi is such-and-such. Some is informed Liang Mou Zhou Mou has false alcoholic drink of a lot of brands on some hand, mouthfeel is quite good, be discovered not easily, and quote also accords with the price in his heart, two people take a telephone call with respect to each other.
Since 2011, bridge is such-and-such from Zhou Mou through the means low such as content shedding somewhere bought fluid of flying Apsaras Maotai, 5 grain to wait for false wine, sell past Fujian with market price case 3 bright, and other places of Zhangzhou, You Xi, sale amount amounts to more than yuan 700, gain profit more than yuan 300.
Since March 2017, some is in the wife Lin Mou with such-and-such bridge below the circumstance that knows perfectly well its husband to manage the false wine such as fluid of Maotai of sale flying Apsaras, 5 grain, still help one of removing manage sale false wine, sale amount amounts to more than yuan 100.
Some is in Liang Mou in selling a process, having what be sold by discovery occasionally is false wine, with respect to the compensatory compounding with true wine and high specified number. Till 2017, public security mechanism receives masses faceless inform against ability case hair.
On September 23, 2017, week is such-and-such be captured in Hunan Province the Changsha City, the spot in the storehouse in its cellar by sequestered false wine more than bottles 1000. With day, bridge such-and-such, Lin Mou some by public security mechanism present subpoena arrives case. Bridge is such-and-such and active hand in the jotter of charge to an account public security mechanism, take public security mechanism to reach the place of 3 place cellar, false wine of distrain of spot of public security office more than bottles 700.
Via checking, since 2009, cellar of fluid of the flying Apsaras Maotai that some sells Zhou Mou, 5 grain, country 1573, the false wine such as sword Na Chun, Lai Mao, sell and other places of Changsha of past Fujian You Xi, Hunan, Xiangtan, Shao Yang in all, sale amount amounts to more than yuan 200, gain profit more than yuan 10.
Express sheet
After put on record of public security mechanism is investigated, think to commit a crime suspect week such-and-such, bridge some behavior already was suspected of such-and-such, Lin Mou sell blame of false and inferior product, move this case send the Fujian Province procuratorate of You Xi county.
It is to sell blame of false and inferior product
Be still the commodity blame that sells sham registered trade mark?
Selling the object that blame of false and inferior product encroachs is the administrative system that the country tastes quality to business, only the product does not accord with product quality standard, just make this charge possibly. And whether does liquor of this case experience case accord with a standard to return existence doubt, it is OK to have a special appraisal orgnaization appraisal, these still still do not have precedent in Fujian. Qualitative must accurate, the inquisitor Zhang Meijiao of procuratorate of You Xi county contacted public security office instantly, ask with all possible means jointly, found place of appraisal of judicatory of quality of Fujian southeast product eventually, classics appraisal, the precision of Maotai liquor wine that sends warning does not accord with GB/T 18356-2007 to ask, index of the others appraisal all accords with a requirement. Liquor differentiates without grade in our country, prove guilty suspect without evidence " shoddy " . Accordingly, guilty suspect such-and-such, bridge some disobeys such-and-such, Lin Mou brand government laws and regulations, without license of person of trade mark right, the commodity that knowing perfectly well is sham registered trade mark and give the sale seeks profit, sale amount amount is huge. Basis " criminal law of People's Republic of China " the 214th regulation, this case ought to investigate its criminal duty with selling the commodity blame of sham registered trade mark.
How much is experience record amount?
Because of classics of this case all previous 8 years many, some sells Zhou Mou false wine concealments relatively, scattered, trade the program is very non-standard, without items of an account, sale status compares him record of items of an account with such-and-such bridge detailed, what the record buys from Zhou Mou somewhere is not quite all ready, piece inquisitor checks Zhou Mou all some bank account, trade entirely detail, form of the electron that make, chase a pen to check, turn over check fact. During, zhou Mou because some fears in the heart, every time arraign is howling, affidavit also relapses instead answer, piece inquisitor Xiao Zhi in order to manage, those who move with affection, affidavit was stabilized, the amount of the sale decided.
But the liquor of spot distrain and the amount that appraisal expresses are abhorrent, piece inquisitor arrives the spot personally check the amount, the amount was made clear. How should sale abortive amount decide? Price attestation center is pressed by tort taste the market really intermediate price, the total value of the liquor with such-and-such, such-and-such bridge is appraisal distrain week respectively 431730 yuan, 544775 yuan. And relevant witness testimony and week are offerred such-and-suchly narrate and explain, bridge is such-and-such, such-and-such all be had to sell by sequestered liquor sort, according to " two tall " relevant judicatory explanation, the liquor that did not sell should be maintained by the average price of actual sale price, bridge is such-and-such, such-and-such ought to be calculated to sell abortive by sequestered liquor, sale abortive amount is 272721 yuan respectively, 535611 yuan.
Evidential authentic admits his guilt on the court take a way
Through be being checked carefully, such-and-such, bridge some guilty fact makes clear such-and-such, Lin Mou eventually.
Came 2009 during September 2017, such-and-such, bridge the commodity that some knows perfectly well such-and-such, Lin Mou is sham registered trade mark and give the sale seeks profit, sale amount amounts to 2270394 yuan respectively, 7160925 yuan, 1117310 yuan, amount of some sale abortive amounts to such-and-such, Liang Mou respectively 272721 yuan, 535611 yuan.
Face the evidence of authentic, such-and-such, bridge some expresses such-and-such, Lin Mou on the court admit one's guilt take a way, final, the court adjudicates week of such-and-such, bridge respectively such-and-such, Lin Mou 3 years 6 months punish some set term of imprisonment gold 600 thousand yuan, the set term of imprisonment punishs gold 5 years 2 million yuan, set term of imprisonment two years of probation 3 years.
Inquisitor
Comment on
Sell the goods of sham registered trade mark, enroach on the special right of registered trade mark, its behavior makes the commodity of sham other registered trade mark flows to the market directly, congener to etc of renown actor product product causes impact, endangered the interest of consumer, supporting the criminal of sham other registered trade mark economically at the same time. In this case, such-and-such, bridge such-and-such, Lin Mou although some is done not have produce or make sham trade mark, sell the wine that knowing perfectly well is sham registered trade mark however, reason in order to sell the commodity blame of sham registered trade mark punish.
Article table: Liu Chunfeng, Zhang Meijiao
You Xi procuratorial work
In the procuratorial work beside you
