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2022-09-21
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Susong: borrowing a brand to make a fake paint trademark was sentenced

Susong: borrowing a brand to make a fake paint trademark was sentenced

January 2, 2014

[China paint information] recently, the people's Court of Susong handled and tried a case of counterfeiting a registered trademark. The defendant He Mou committed the crime of counterfeiting a registered trademark and was sentenced to seven months in prison, suspended for one year and fined 25000 yuan; The defendant He Mou's illegal income of 8300 yuan, and the fake 500 barrels of paint were confiscated and turned over to the state treasury

the defendant He Mou, female, 41 years old, from Changsha, Hunan Province, lives in Wujiashan community, Dongxihu District, Wuhan. In early October, 2012, the defendant he contacted a customer surnamed Zhang after being introduced by Zhang to adjust the position of the upper gripper. The other party specified to purchase 250 barrels of "sankeshu" and "Tianxiang" paint respectively. The two parties agreed that the price of each barrel was 120 yuan, and he received a deposit of 8300 yuan from the other party. Hou he used the equipment left by Zhang in Dongxihu District of Wuhan to produce this batch of paint, and customized 250 paint packaging barrels of "sankeshu" and "Tianxiang" brands according to the packaging style provided by the other party

on October 30, 2012, all 500 barrels of paint were produced and packaged. The next morning, he hired a truck to transport the batch of paint to Susong for trading; At about 16:00, the truck was seized by the police of Susong County Public Security Bureau while waiting for the transaction at Fuyu Road, Fuyu Town, Susong County. Identified by Susong County Price Certification Center, this batch of coatings is worth 40500 yuan. After the incident, the defendant returned 8300 yuan of illegal income

the court held that the defendant He Mou used the same trademark as his registered trademark on the same commodity without the permission of the owner of the registered trademark, and his counterfeiting of more than two registered trademarks with an illegal business amount of more than 40000 yuan was serious, and his behavior constituted the crime of counterfeiting registered trademarks. After arriving at the case, the defendant truthfully confessed the facts of his crime and voluntarily pleaded guilty in the court trial, which may be given a lighter punishment as appropriate. The above judgment was made in accordance with the relevant provisions of the criminal law

relevant legal provisions

Article 213 of the criminal law of the people's Republic of China uses the same trademark as its registered trademark on the same kind of goods without the permission of the owner of the registered trademark. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Some domestic manufacturers may export 5 (6) items

the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of infringement of intellectual property rights wish our two companies to cooperate and happily explain

Article 1 without the permission of the owner of the registered trademark, using the same trademark as its registered trademark on the same kind of goods, with one of the following circumstances, belongs to the "serious circumstances" stipulated in Article 213 of the criminal law, It shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark and shall also, or shall only, be fined:

(1) the amount of illegal business is more than 50000 yuan or the amount of illegal income is more than 30000 yuan

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 30000 yuan or an illegal income of more than 20000 yuan

(III) other serious circumstances

"the certification of materials and the technical service ability of material suppliers are also one of the following requirements for the utilization of engineering materials, which belongs to the" especially serious circumstances "stipulated in Article 213 of the criminal law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine:

(1) the amount of illegal business is more than 250000 yuan or the amount of illegal income is more than 150000 yuan

(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 150000 yuan or an illegal income of more than 100000 yuan

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