On April 25, the Supreme People's Procuratorate held a press conference to publish the ten typical cases of the protection of intellectual property by the procuratorate in 2017.
According to Han Xiaofeng, deputy director of the Supreme Inspectorate’s Office of Investigations and Investigations, in these cases, there are cases of protecting domestic brands such as 'Seagull’ watches, 'Xu Fu Ji’, Crispy Sugar, 'White Rabbit', and domestic fertilizers, as well as international protection. Well-known brands, such as Dove, Tupperware and other cases, highlight the continuous improvement in the strength and level of prosecutor's work in the protection of intellectual property criminal justice.
Crackdown on counterfeiting and sale of counterfeit goods
In these 10 cases, 6 cases involved the crime of counterfeiting registered trademarks, sale of counterfeit registered trademark goods, illegal manufacture, and sale of illegally manufactured registered trademark marks.
In Zhangye Bing and others of Wuxi City, Jiangsu Province, counterfeiting registered trademarks, Hong Lizhou et al. selling counterfeited registered trademarks, and Huang Menghao illegally manufacturing and selling illegally manufactured registered trademark marks, the defendant did not permit the owner of the registered trademark to do so. Counterfeit use of Marvel's DOVE registered trademark, a registered trademark of Ferrero Group of Italy's Ferrero ROCHER, produces, produces and sells chocolate.
After receiving a briefing from the public security organ, the People’s Procuratorate of Xinwu District of Wuxi City selected the “Intellectual Property Case Handling Professional Team” to promptly infiltrate and guide the investigation. The proposal on how to collect evidence for different crimes was proposed, and whether the product involved in the case was counterfeit was proposed. Recommendations for product identification, suggestions on how to identify employee behavior.
In the end, the two defendants were sentenced to five years imprisonment, and the two defendants were sentenced to four years’ imprisonment and were fined RMB1.85 million, RMB 1.74 million, RMB 1.63 million, and RMB 350,000 respectively.
Procuratorial Specialized Office Copyright Case
In these 10 cases, there were two cases of copyright infringement: Zong Yi, Chen Lingjie, and Wang Xu in the Haidian District of Beijing infringed the copyright case. Lin Wenyong, Ma Jun, and Zhang Xiang in Chengdu, Sichuan Province infringed the copyright.
Zong Yi, Chen Lingjie, and Wang Xu infringed the copyright case. It was the first criminal case in China that used e-commerce, social networking, and multi-platform cloud copyright infringement. The three defendants used Internet technology to store infringing resources through cloud storage platforms and used communication protocols. The port establishes the connection between the social platform and the infringing resources, and then sells the “pass” activation code of the infringing works to the Internet users on the e-commerce platform, which is a kind of infringement that utilizes the interrelated role of the multi-platform field.
This case involves a total of 700 infringing text works, concealing the means of committing the crime, involving a wide range of social influences, causing serious damage to the copyright owner.
At the beginning of the admissibility of the case, the Haidian District People's Procuratorate took advantage of the specialization of case handling, organized the backbone of the case handling force, extended the investigation, guided the trial verification standards, and promoted the investigation quality; and improved the ability to appear in court to accuse crimes. The identification of the quantity ''The amount of Taobao shop involved in the sale of the amount'' and other core issues to make a targeted defense, through the trial of high-quality confrontation and prosecution, to ensure that the court fair referee.
Finally, the court ruled that one defendant was sentenced to one year in prison and sentenced the two defendants to imprisonment for nine months and a fine.
Guide public security to collect fixed evidence
In the case of Zhang Wutang and Zhong Kaifu’s infringement of commercial secrets in Ningde City, Fujian Province, the two defendants graduated from a prestigious university and were alumni. They successively worked for Fujian Ningde New Energy Co., Ltd. and Ningde Times New Energy Co., Ltd.. During this period, it violated the confidentiality agreement and the company confidentiality system signed with the company, leaked the technology information and business information developed by Times New Energy to others, and obtained economic benefits from it, which caused significant losses to Times New Energy Company.
At the beginning of the case, the People's Procuratorate of Jiaocheng District of Ningde City intervened in advance and communicated with the police investigating the case several times to guide the public security authorities to collect and fix evidence materials that played a key role in the constitution of the case. After the case entered the Procuratorate, they specified the experience of handling intellectual property cases. The rich prosecutors are responsible for reviewing approving arrests and prosecutions, conducting thorough examinations of evidence and case discussions, and conducting in-depth discussions on case evidence verification and the application of laws, etc., analyzing at various levels, closing good case facts, closing evidence, and closing procedures. The law applies. The legally determined two acts of the defendant constitute the crime of infringement of commercial secrets.
In addition, the Jiaocheng District Procuratorate issued a prosecution proposal to the company in a timely manner in response to some weaknesses and problems in the legal education, confidential awareness, etc. of the new energy company, and achieved good results.
Support prosecution to maintain market order
In these 10 cases, there was one prosecutor's case that supported the prosecution, that is, the China Audiovisual Copyright Collective Management Association applied for a series of lawsuits for copyright infringement disputes.
The China Audiovisual Copyright Collective Management Association found that Hunan Province, Changsha City, Hunan Province, Xiangyuan Jiyuan Entertainment City, Li Qing, without authorization, in the KTV entertainment venues it operates in the Karaoke mode, to show the public "Sword Martin" "true feelings "People" and other 200 MV music and television works, infringe on their legitimate rights and interests and their own rights are blocked. They plan to defend their rights through lawsuits and apply for prosecution in Tianxin District People's Procuratorate.
The Tianxin District Prosecutor's Office issued a support indictment to the Tianxin District People’s Court, and appeared in court to support the prosecution. With the joint efforts of the Seizing and Law Courts, the parties reached a compensation settlement agreement.
The KTV industry has large liquidity. Some operators often change their business locations, and some have short operating cycles. In many cases, the KTV leader plays hide-and-seek and avoids seeing, and some KTV operators adopt methods such as subcontracting and contracting. It is difficult to find out the actual operator, and the operators often use the method of kicking the ball to shirk their responsibilities, which all bring difficulties to the parties in their rights protection.
The procuratorial organs support the prosecution, the acquisition of evidence, the determination of facts, the application of the law, and the final disposal of the case, and provide a strong judicial guarantee for copyright owners to safeguard their rights and interests. At the same time, the awareness of the rule of law of the operators has been improved, and the normality has been maintained. The cultural market order.