From November to December 2021, Wei Mousheng, Wei Mouze, and Wei Moufei sold counterfeit rights holders “Beijing 2022 Winter Olympics and Winter Paralympics Organizing Committee” through online platforms in Yiwu City, Zhejiang Province and other places The registered trademarks of Olympic mascot dolls, key chains and other commodities have total sales and unsold value of more than 100,000 yuan.
In November 2021, the People’s Procuratorate of Shijingshan District, Beijing, in the course of performing its duties, discovered that there were illegal clues about the sale of infringing products related to the Winter Olympics on an online platform, and promptly transferred the clues to the Shijingshan Branch of the Beijing Public Security Bureau. After the public security organs filed the case, the Shijingshan District Procuratorate promptly intervened in the investigation and guided the public security organs to go to Shanghai, Zhejiang and other places to collect evidence. In January 2022, the Shijingshan District Procuratorate approved the arrest of Wei Mousheng, Wei Mouze, and Wei Moufei for the crime of selling commodities with counterfeit registered trademarks. During the review and prosecution stage, the Shijingshan District Procuratorate guided the public security organs to continue to dig the clues of the case, and successfully prosecuted the two upstream personnel Gu Moujun and Gu Mouqi who produced infringing goods, and investigated their criminal responsibility according to law.
In the end, the Beijing Shijingshan District People’s Court sentenced defendants Wei Mousheng, Wei Mouze, and Wei Moufei to fixed-term imprisonment ranging from six months to ten months for the crime of selling commodities with counterfeit registered trademarks, and each was fined RMB 10,000. Yuan. Upstream personnel Gu Moujun and Gu Mouqi, who produced and sold infringing Olympic products, were sentenced to a separate case.
On April 25, the case was publicly released by the Supreme People’s Procuratorate as a typical case of procuratorial organs’ protection of intellectual property services and innovation-driven development. The cases released this time also involve infringement of trade secrets, copyright infringement, counterfeiting of registered trademarks, etc., a total of 11 cases.
Gong Ming, a full-time member of the Supreme Procuratorate and Procuratorate, introduced that the procuratorial organs insist on handling cases as the center, strengthen judicial protection of intellectual property rights, and severely crack down on crimes of intellectual property infringement in accordance with the law. Punch out, form a shock. From 2021 to March 2022, procuratorial organs across the country have approved the arrest of more than 9,000 people in more than 5,200 cases of intellectual property infringement, prosecuted more than 16,000 people in more than 7,800 cases, and supervised public security organs to file 360 cases.
At the same time, the procuratorial organs have also continuously strengthened the supervision of intellectual property civil administrative litigation. From 2021 to March 2022, the number of IP civil administrative litigation supervision cases handled by procuratorial organs across the country will triple year-on-year.
In order to improve the quality and efficiency of case handling, procuratorial organs at all levels have strengthened their guidance. The Supreme People’s Procuratorate gave full play to the advantages of the integration of prosecutors, strengthened the guidance on handling major and difficult cases such as the copyright infringement case of the “Renren Film and Television Subtitle Group”, and promoted the smooth handling of the cases. The Supreme People’s Procuratorate, together with the National Copyright Administration, supervised the handling of 60 major infringement and piracy cases.
Continuous improvement of the system and mechanism is the basis for improving the effectiveness of case handling. In November 2020, the Supreme People’s Procuratorate established the Intellectual Property Procuratorial Office to integrate criminal, civil and administrative procuratorial functions. At the same time, it has deployed and carried out intellectual property inspections in some provinces across the country to perform their duties in a centralized manner. Up to now, a total of 22 provincial-level procuratorates have established intellectual property procuratorial departments, focusing on institutional specialization, team specialization, and functional integration construction, driving the rapid improvement of their ability to perform their duties.
In March this year, the Supreme People’s Procuratorate issued an opinion on comprehensively strengthening intellectual property inspection work in the new era, and proposed 21 practical measures to ensure innovation-driven development. On April 25, the Supreme People’s Procuratorate and the State Intellectual Property Office co-signed the opinions on strengthening the collaborative protection of intellectual property rights, which will further help improve the level of intellectual property law enforcement and judicial cooperation and protection.
Supreme People’s Procuratorate (data map)
Reporter: Liu Shuo, Wang LinlinReturn to Sohu, see more
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