Below the condition that did not obtain brand obligee authorization, SOHO Zhou Mou suffers other place to hold in the palm carry on make cheat risk " east A donkey-hide gelatin " the iron box of brand brand packs matters concerned, making after making false lid lift box body paper to get stuck, give Guangzhou the Chen Mou of limited company of some products that pack subcontract of business of box of the iron that make again, wait for " finished product " make after finishing, zhou Mou approves them give out.
Recently, shanghai court of the 3rd intermediate people (3 quadrangle of Shanghai of the following abbreviation) 2 careful heard this case and adjudge on the court, make reject the appeal, ruling that maintains original judgement, zhou Mou and Chen Mou are built with be not legal system, the crime of label of registered trade mark that the sale makes illegally is sentenced lawfully respectively RMB of 3 years of 3 months, fine mixes the set term of imprisonment 80 thousand yuan set term of imprisonment 3 years, fine RMB 40 thousand yuan.
Mechanism of Shanghai public security is investigating production, sale one case in false drug case, discover case of experience of production of limited company of some products that pack, sale packs Guangzhou. Appellant Chen Mou fastens legal representative of limited company of this the products that pack, Guangzhou partner of some industrial limited company; Zhou Mou of person of first trial the accused is a SOHO of Zhejiang, manage presswork the business that pack.
Reviewing of details of a caseRose in July 2017, below the condition that did not obtain brand obligee authorization, shi Mou (other case is handled) find Zhou Mou of the accused person to make " east A donkey-hide gelatin " the iron box outer packing of brand brand, offer iron box sample. After Zhou Mou accepts next this sheet businesses, the top that golden silver scene makes inside some factory that is located in area of Guangzhou city Zhuhai in its lifts box body paper to get stuck, the tag of golden silver lubricious laser that entrusts its other to make is stickup go up in paper card. In the meantime, zhou Mou makes iron case business subcontract give Chen Mou. Chen Mou immediately will make the business subcontract another person that prints a lid and iron sheet of case of box base map again, next reuse Guangzhou some machine of industrial limited company afore-mentioned iron sheet strike out body of box top, box is mixed box bottom, make Zhou Mou of the accused person offerred paper block embossing to be inside box body. Make after finishing, zhou Mou will forge " east A donkey-hide gelatin " the iron box outer packing of brand brand 27, bottom of 000 boxes that reach iron sends Shi Mou 800 times group by group (other case is handled) .
In November 2017, zhou Mou finds Chen Mou again, provided new fund " east A donkey-hide gelatin " iron box builds sample, order to Chen Mou 20, 000 iron box. Of the same age in December, chen Mou v/arc be on the throne at Guangzhou city Huang Bu Ou Mou packs craft other lets right inside the factory when box of new fund iron builds design to undertake computer composing, be seized. Be the same as day of Zhou Mou to also be seized, imprint inside its factory have " east A donkey-hide gelatin " the aureate paper of brand model of written characters gets stuck 27, 000 pieces, argent paper gets stuck 12, 000 pieces, imprint have " east A donkey-hide gelatin " brand model of written characters is aureate laser tag 50, 400 pieces, argent laser tag 42, 000 pieces, " east A donkey-hide gelatin " iron box builds 17, box bottom 149, content shedding sheet also is hunted down 9 pieces.
In December 2017, chen Mou v/arc be on the throne at Guangzhou city Huang Bu Ou Mou packs craft other lets right inside the factory when box of new fund iron builds design to undertake computer composing, be seized. Be the same as day of Zhou Mou to also be seized, imprint inside its factory have " east A donkey-hide gelatin " the aureate paper of brand model of written characters gets stuck 27, 000 pieces, argent paper gets stuck 12, 000 pieces, imprint have " east A donkey-hide gelatin " brand model of written characters is aureate laser tag 50, 400 pieces, argent laser tag 42, 000 pieces, " east A donkey-hide gelatin " iron box builds 17, box bottom 149, content shedding sheet also is hunted down 9 pieces.
Classics east appraisal of Inc. of A donkey-hide gelatin, divide in the accused person old somewhere checks the iron case that smash to build is this company production outside making, the others checks the experience case article that discount to all be sham product.
In cognizance, below the relative's help, zhou Mou of the accused person, Chen Mou all exited illegal earning, hand in a RMB to court of first instance respectively 80 thousand yuan, 40 thousand yuan.
Court of first instance thinks, the other registered trade mark that Zhou Mou of the accused person, Chen Mou is forged and the sale forges marks, the clue is particularly serious, its behavior already all formed blame legal system to build, the crime of label of registered trade mark that the sale makes illegally. Zhou Mou of the accused person, Chen Mou can confess the guilt that narrates his according to the facts to case hind, can punish lightly lawfully. Average per capita of two the accused can exit illegal earning, pay fine, can take into consideration the circumstances is punished lightly.
According to " criminal law of People's Republic of China " relevant provision provision, build in order to be not legal system, the crime of label of registered trade mark that the sale makes illegally sentences set term of imprisonment of Zhou Mou of the accused person 3 years respectively 3 months, fine RMB 80 thousand yuan; Set term of imprisonment of Chen Mou of the accused person 3 years, fine RMB 40 thousand yuan; The illegal earning of sequestered on record and the label of sham registered trade mark that make illegally what hunt down all give confiscate.
Law of 2 careful analyse is reasonable reject appealThe fact that Chen Mou holds to original judgement and accusation all consentient, but think original judgement measurement of penalty is overweight, to Shanghai 3 quadrangle put forward to appeal. Chen Mou's paraclete thinks, original judgement maintains guilty amount mistake, the box amount that should come out by each whole production regards computation as the basis of guilty amount; Chen Mou is nonexistent sell behavior, original judgement maintains his to form blame legal system to build, the crime of label of registered trade mark that the sale makes illegally is qualitative not accurate.
3 quadrangle of Shanghai think via cognizance, above all, " procuratorate of top people court, top people encroachs case of intellectual property criminal about dealing with specific application law the explanation of a certain number of problems " regulation, mark has a label of complete brand design to be a designation of trade marks namely. In this case, experience case " east A donkey-hide gelatin " the draft of registered trade mark that there are 4 whole classics countries to be versed in commercial firm politics manages approve of bureau of total bureau brand on iron box, the guilty amount that reason original judgement holds accordingly is not had undeserved.
Next, in this case, zhou Mou and Chen Mou division of labor are clear, after accepting other case to handle personnel Shi Mou to entrust by Zhou Mou, pass with Chen Mou purchase raw material, make or entrust other to be made jointly finish sham " east A donkey-hide gelatin " Shi Mou is sent by Zhou Mou after business of iron box outer packing. Week, old two people carried out the conduct that makes label of sham registered trade mark jointly already, carried out the behavior that sells label of this sham registered trade mark again. Although Zhou Mou is specific,connection buys the home, but the property that is based on experience case product, can judge Chen Mou to be used at the sale to gain profit to experience case product the knowledge that has generality, reason week, old two people form blame legal system to build jointly, the crime of label of registered trade mark that the sale makes illegally.
On put together, 3 quadrangle of Shanghai are made reject the appeal, final judgment ruling that maintains original judgement.
Responsibility edits | Qiu Yue, Li Fei
