The add up to in a container checks a mark to have " LV " scarf 9000, still have " GUCCI " " PRADA " etc. According to be calculated by the vendibility of tort product, amount of tort of add up to amounts to many yuan 800, involve scarf of of all kinds luxury many 40 thousand. Each link such as production, wholesale, sale adds up to 6 people already were found out criminal responsibility.
"LV " " GUCCI " " PRADA " scarf of these international luxury brand in the market the price at every turn thousands of yuan, but in Yu Mou hand, these scarf sell ten yuan only however, and there is those who flow into home market not only in these scarf, still have comparative to be sold partly greatly in going to inferior and other places of the Kampuchea of the Kazakstan Si Tan of the area and southeast Asia area, Malaysia.
On April 23, customs total office is announced " countrywide custom intellectual property protected typical case 2018 " , among them an export that Yu Mou involves is sham " LV " scarf case is selected. In this case, with one action of department of public security of Hangzhou custom combination uncovers to involve production, wholesale, retail wait for each link cross a country to make carry out holiday violate guilty activity network. According to be calculated by the vendibility of tort product, amount of tort of this network add up to amounts to many yuan 800, involve scarf of of all kinds luxury many 40 thousand.
Case origin
"LV " brand obligee is mirrorred to custom by tort
Iceberg one horn 9000 sham " LV " scarf is hunted down
At the beginning of March 2018, this case wants from " LV " custom of city of brand obligee Xiang Hang is subject report of justice black custom is encroached by intellectual property speak of. This brand obligee says, the near future is in southeast Asia, medium inferior wait for a country to appear sham " LV " the scarf of the brand, and these scarf are exported from justice black very much likely.
Justice black custom was received again on March 16 " LV " the risk clue that obligee provides, one batch is suspected of sham " LV " scarf just arrives at justice black to consign a ministry. Custom immediately and obligee have hold a conference or consultation, and arms cent road begins the operation. Continue to dog by obligee on one hand tendercy of this batches of scarf, the cent outfit that pays close attention to this batch of scarf on one hand, bale, storage, case and turn the many link such as field, this batches of scarf after 4 days superintend a place finally at entering custom of justice black harbor.
A container entered before dawn on March 20, 2018 custom of justice black harbor superintends a place, wait already in aside custom spot staff member dominates the scene quickly, detain this container. That day morning, from this container add up to checks a mark to have " LV " scarf 9000.
After controlling this to approve scarf, hangzhou custom is organized quickly launch investigation, contact on one hand " LV " brand obligee undertakes counterpoising formally truly, affirm inside the shortest time this batches of scarf all are tort sham product; On the other hand, custom of deploy justice black approves scarf to this declare at customs acting firm of travel, money undertake investigating.
Justice black custom continues to wait for content to begin to source of flow direction of customs declaration card, goods, financing all-around investigation. Final, the sale shop of sham scarf on business Huang Mou and justice black market is purchased to rise to surface slowly in what Kampuchea pursues scarf trade for a long time.
In the investigation to Huang Mou, custom understands the complexity of the case further, original Huang Mou just is an iceberg one horn. There still is to involve in his backside production, wholesale, retail wait for each link cross a country to make carry out holiday violate guilty activity network.
Track deep
Hangzhou person Yu Mou is seized
The course is investigated and detect, police lock decided Yu Mou of person of Hangzhou of the member that make dummy, in fact these 9000 sham " LV " scarf is not he makes a holiday for the first time.
Occupy Yu Mou to explain, he is engaged in scarf producing an industry originally, he opened after this a small mill, this mill also was not registered without industrial and commercial license already put on record. In the time of after this, his copy has been risked " LV " , " GUCCI " , " PRADA " the scarf that waits for international big shop sign, the trade price of these scarf 11 yuan / , and Huang Mou such jobber increases price with every again 0.5 yuan - approve 1 yuan send next homes.
Pass such sale mode, yu Mou extended false line of many carry out, among them the sale chain with a bigger sales volume points to suddenly Er fruit this in ha from trade division, sham goods basically is carried through inland in be being exported inferior area; Main export reachs catenary of a sale the southeast Asia country such as Kampuchea, Malaysia, again have a change of luck reachs middle east area in etc inferior country.
"Current, mutual production, wholesale, retail wait for each link to add up to 6 people already were found out criminal responsibility "
Appraisal expert
How to avoid to buy sham luxury
From eye antecedent condition looks, sham luxury of home is mostly produce by domestic enterprise, to wanting to discern for average consumer commodity true bogus has certain difficulty, if have,buy demand, ought to shop of first selection brand. If discover domestic shop does not have this product, want to be bought through buying on sb's behalf, first selection ought to be registered a company buy on sb's behalf.
"After electric commercial law is carried out, one portion is overseas the person that buy on sb's behalf registered a company, from these abroad buy on sb's behalf brand merchandise or luxury have the purchase in the hand relatively assure, it is at least in authority of the following dimension, consumer can find dimension authority main body. " thunderstorm cropland reminds, consumer had better not choose an individual to buy on sb's behalf will buy brand product or luxury, he says: "Look from mine from already check, choice individual buys on sb's behalf after buy luxury, in the commodity of place appraisal, 10 example have 9 is sham commodity. 10 example have 9 is sham commodity..
Besides, if consumer is being bought secondhand when luxury, also ought to take a heart. He says: "Before trading, agree with the other side first, go luxury shop appraisal, pay quality goods is after appraisal again. Pay quality goods is after appraisal again..
Delimit key! What is brand tort?
Brand tort says simply is copy card, that what is copy card?
Copy card puts on record in custom intellectual property with respect to the LOGO that is this product check in the system have put on record information (agree completely or similar) and cannot the accredit on the net (blame former plant is produced) is copy card, it is tort. A lot of suppliers can say, we have industrial and commercial those who register certificate, won't have a problem. But, in fact, industrial and commercial register certificate to do not have too big effect in exit.
Custom checks what protect above all is the rights and interests that has the plant that intellectual property puts on record, so you have even if industrial and commercial register certificate, check custom to be able to report code as before, hand in handle by code, code is in can contact person of rights and interests and honour the desire that seeks person of rights and interests, that is to say if person of rights and interests says your tort, you are tort, that goods cannot discharged and tort be cognizanced, person of rights and interests says to be not found out so goods is OK discharged.
What will brand tort be faced with?
So once goods is maintained to be tort, what will we be faced with?
The first, goods is confiscated;
The 2nd, custom fine;
The 3rd, person of rights and interests can be sued, once be sued,according to goods amount different amount differs, at least 50 thousand start, chase after appeal to period be as long as 3 years.
According to newspaper of Chinese intellectual property, will take an active part in 2019 rectify and normative market order, increase judicatory of intellectual property criminal to protect strength, active service " one belt all the way " construction and area coordinate development construction, build law to change development environment.
So, remind each foreign trade friend, strengthen intellectual property to protect consciousness and careful shipment! Once hunt down,be suspected of tort can be being buckled goods, money acting firm, declare at customs wait to be investigated likely also all right, investigate duty.