On April 25 morning, top people procuratorate is held " fulfill promotion of procuratorial work function adequately to know to produce protective quality " press conference, bulletin procuratorial work mechanism protected circumstance of intellectual property job 2018. Released on the meeting " case of model of intellectual property of protection of mechanism of 2018 year procuratorial work " .
2018, mechanism of countrywide procuratorial work performs function of each procuratorial work adequately, it is core in order to handle a case, drive national innovation drive actively to develop the strategy to accelerate carry out, all-around the legitimate rights and interests that protects intellectual property obligee, release procuratorial work mechanism continuously lawfully the signal that equality protects main body of of all kinds obligee, concentration dealt with effect of a batch of law the case with big impact of good, society.
These 14 typical case are among them epitome, some corrects a case qualitative, some chasing chase after appeal to omit an accomplice, add cognizance crime fact, some puts forward counterappeal to having the forensic judge of the mistake truly, some puts forward procuratorial work to suggest to take an active part in social processing, some serves civilian battalion economy actively, etc, mirrorred mechanism of countrywide procuratorial work objectively to promote intellectual property judicatory to protect the outstanding result that character obtains in the round, also showed elegant demeanour of new era inquisitor from different flank.
The 3 people such as Heibei Meng Xianhui make proposal of label of registered trade mark illegally
One, case fact
Come at the beginning of June 2017 in July, meng Xianhui of the accused person is in without " Hp " (HP) below the case that accredit of obligee of registered trade mark permits, offer electronic pattern plate, entrust Heibei of the accused unit to save color print of Langfang city abundant to brush limited company to presswork contain registered trade mark " Hp " the paper of side of the box that pack of designation of trade marks and not dry glue defend bogus bid, pan of person of the accused of controller of this company management factory director, business hopes to workshop of slope arrangement company undertakes plate making and presswork. Thereafter, the designation of trade marks that the company sheds to fabricate the part through content after Xian Huixian of the first month of the accused person sends past Guangzhou and other places. Of the same age in June, he Rongda of sea of city of Langfang of the accused unit pressworks limited company suffers Meng Xianhui of the accused person to entrust, by person of the accused of this company clerk Li Mengjun is arranged, will afore-mentioned pressworking contain registered trade mark " Hp " the paper of side of the box that pack of designation of trade marks makes the case that pack.
Via examining, meng Xianhui of the accused person makes label of registered trade mark illegally add up to more than 1.11 million; Color print of abundant of city of Langfang of the accused unit brushs Pan of person of limited company, the accused to hope slope makes registered trade mark illegally mark more than 1.03 million; He Rongda of sea of city of Langfang of the accused unit pressworks Li Mengjun of person of limited company, the accused makes registered trade mark illegally mark more than 30 thousand.
2, litigant process
Public security bureau of city of Heibei province Langfang installs second substation to waited for person put on record to investigate to Meng Xianhui on June 22, 2017, the person such as Meng Xianhui is adopted to arrest after, the coercive measures such as await trial of be bailed out.
On April 9, 2018, city of Heibei province Langfang installs area procuratorate with city of Langfang of the accused unit Haiherongda pressworks color print of abundant of city of limited company, Langfang brushs person of limited company, the accused Meng Xianhui, Li Mengjun, Pan Xi. Of the same age on September 19, install second district court to make blame of label of registered trade mark illegally in order to make sentence set term of imprisonment of Meng Xianhui of the accused person 4 years 6 months, punish gold 60 thousand yuan; Sentence rare slope of Pan of the accused person set term of imprisonment 3 years of reprieve 4 years, punish gold 50 thousand yuan; Sentence Li Mengjun set term of imprisonment 6 months reprieve a year, punish gold 10 thousand yuan; Sentence color print of Langfang city abundant to brush limited company fine 100 thousand yuan, sentence Langfang city Haiherongda pressworks limited company fine 20 thousand yuan. Court decision already become effective.
Mechanism of 2018 year procuratorial work protects case of intellectual property model
Case 1: The proposal of label of registered trade mark that sham registered trade mark, sale makes the 5 people such as Shandong Qi Yukang illegally
Case 2: The sham registered trade mark such as limited company of bearing of Hai Xiangtian of small towns of Zhejiang peaceful wave, Shilieming, commodity record that sells sham registered trade mark
Case 3: Limited company of cosmetic of humble of Hunan of city of Zhejiang magnify Wei, justice black is sham registered trade mark, encroach copyright case
Case 4: The 2 people such as Guangdong Song Fei are sham case of registered trade mark
Case 5: Beijing Li Mancang sells the commodity record of sham registered trade mark
Case 6: The 3 people such as Heibei Meng Xianhui make proposal of label of registered trade mark illegally
Case 7: The proposal of series of label of registered trade mark that the 13 people sale such as Shanghai Chen Weitang makes illegally
Case 8: The goods that Guangdong Guangzhou blocks an industrial limited company to sell sham registered trade mark is supervised remove case case
Case 9: Beijing Zhao Chun is wide wait for 7 people to encroach case of copyright, harbour
Case 10: Wild goose of Shanghai plum sea encroachs copyright case
Case 11: Guangdong Long Xiaowei encroach copyright case
Case 12: In Jiangxi Beijing art head the 3 people such as Tibetan culture limited company, Hu Liquan encroach copyright case
Case 13: The 3 people such as Hunan Peng Guocheng encroach commercial secret file
Case 14: Network of information of work of enroach on of limited company of faddish and online technology transmits Beijing case of authority issue counterappeal
■ origin / small letter of government of top people procuratorate
■ editor / Zhao Sai
