As the development of Internet, sundry network shops platform emerges in endlessly, consumer also is dazzling. In 3 · 15 evening parties receive in complaining, of goods of concerned fake, mountain fastness complain occupy bigger. The webpage is publicized to go up in the businessman product of a few shopping platform, no matter be character or picture, often saying is quality goods, but take discovering however in one's hand is mountain fastness goods.
A lot of people have the experience that purchases fake on the network, buy fake should how does thought for the time being? Ought to the person that make holiday of false carry out get again what kind of punishment? Do the fake that make carry out and intellectual property have why associated? Today, zheng Yue comes to inquisitor of procuratorate of people of city of fierce exterminate hill to chat with you " protective intellectual property " those things.
Trial Scene
Spot of front courtyard careful
2019.4.19
Introduction of details of a case: False " 7 wolves " " infestation " the net buys platform!
Via examining, in May 2017, some is in K of the accused person some is famous the net is bought register on platform hold water " 100 million stride X flagship store " , sell on this platform sham " 7 wolves " the purse of registered trade mark. Of the same age in June, t of the accused person some also is registered on this platform hold water " this X box includes store " , through to " 100 million stride X flagship store " the kind that takes sheet to K some is bought add up to 3000 yuan sham " 7 wolves " purse, hind in order to turn Zhang means to K some is bought add up to 42140 yuan sham " 7 wolves " purse. Some will buy T the purse that come increases valence sale, sale amount adds up to 98000 yuan. Last year on June 26, the policeman is in K is such-and-such management skin provides inn to reach its hunt down inside storehouse sham " 7 wolves " purse 508.
August 2017, k of the accused person some buys platform through another net " 100 million stride X flagship store " sell to Huang Mou sham " spider king " the leather belt of registered trade mark, add up to 68058.7 yuan.
After procuratorate classics tries people of city of fierce exterminate hill be opposite in order to sell the commodity blame of sham registered trade mark lawfully afore-mentioned 2 people to sue. On April 19, 2019, this case smooths in fierce court of hill city people makes public sessional cognizance.
Law fast give
" criminal law of People's Republic of China " the 214th
[the commodity blame that sells sham registered trade mark] the commodity that the sale is known perfectly well is sham registered trade mark, sale amount number is larger, be in 3 years of the following set term of imprisonments or arrest battle, be in or amount of amount of sale of; of only punishment gold is huge, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Share: About dealing with a few experience of intellectual property case
Zheng Yue
Inquisitor of procuratorate of people of city of fierce exterminate hill
? Experience case range is wide
Network brand tort kind the tort area that guilty case involves wide, incidence is big. Can see from inside this case, the consumer of the goods that buys sham registered trade mark spreads all over ten province city of countrywide, because the network shops,popularize a face wide, especially the network platform of muscularity of effect of a few brands, commodity of the sale on platform is bought to often can attract more customer in this kinds of net, then a lot of illegal elements rely on the brand effect of this kinds of platform, pack oneself net shop, the sale is fake commodity.
? Thought fors the time being it is difficult, difficult to superintend
Because consumer often is,through network platform or oneself the market of seat controls right of management department dimension, and the business place that the criminal is in span of not specific, area is big, perhaps dot concealments need investigation is checked, no matter be consumer or market,accordingly supervisory administrator needs to cost a large number of time and money to undertake searching, thought fors the time being, staff of authority giving dimension creates very great pressure, a lot of consumer abandon dimension advantageous position by force of pressure, indulge illegal element to continue to violate crime.
? It is difficult to obtain evidence
The network commits a crime it is difficult to obtain evidence all the time since a difficult problem that is worry investigation mechanism. It is with this case exemple, a few nets buy platform to did not build effective superintendency to reach measure leaving mark, in receive this kinds of case is informed against or the circumstance of case hair falls, have shop platform news deleting directly, the network trades record efface, when causing public security mechanism to obtain evidence in later period, cannot extract report a case to the security authorities with consumer the electronic evidence that records photograph be identical, go up objectively block up concludes the case detect those who reach evidence to collect.
? Chase after it is difficult to appeal to
Similar the sale of this case crime often returns the fluctuation with many drag in to swim crime, it is with this case exemple, ke Mou's upper reaches sells the home to be suspected of sham registered trade mark making crime of label of registered trade mark blame, illegally, but because its commit a crime the ground namely site of tort goods production and span of this extent of crime scene drop is big, and devious concealment, guilty personnel liquidity is strong, it is difficult to cause investigation personnel to obtain evidence, public prosecution mechanism is chased after it is difficult to appeal to.
Inquisitor suggests...
Inquisitor and you talk about intellectual property to protect those jobs
Accurate brand should admit to specialize in shop when consumer shops, shop to the network platform that has safeguard. Market supervisory department should enhance the monitoring strength that network platform intellectual property commits a crime, to relevant network platform should strengthen management, illegimate to disagreement compasses built website is banned stoutly, ask network platform is built cooperate quote relevant technology support. Current network encroachs intellectual property case to send frequency hair more, linkage of mechanism of public security of need much ground, procuratorial work mechanism cooperates ability effective precaution and crime of blow network tort.
(partial picture is reprinted from the network)
Offer sketch | Zheng Yue
Editor | Wang Huanjuan
Examine and verify | Shen Yujuan
Www. .fjwuyishan.jcy.gov.cn
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