The case of counterfeiting registered trademarks in xiashan district Honghai Plastic Products Factory ushered in the first-instance judgment yesterday. The xiashan district People's Court sentenced four employees who knew and participated in the counterfeiting to three to four years' imprisonment and fined them 1, to 2, yuan for the crime of counterfeiting registered trademarks. The main suspect in this case, Chen Mou, the fake boss, is still being hunted online.
The court ruled
The four defendants were sentenced to three to four years
The xiashan district People's Court held that the defendants Cao, Chen×, Deng and Xian ignored national laws and produced mobile phone accessories with the registered trademark "NOKIA" at a price of 42,37,949 yuan without the permission of the registered trademark owner Nokia (China) Investment Co., Ltd., which constituted counterfeiting. Defendant Cao was employed by others to be responsible for the daily management, production and delivery of the factory for others, and directly participated in the crime of counterfeiting registered trademarks. However, he was in a subordinate position in the whole crime of counterfeiting registered trademarks, only accepting the task and being responsible for producing some counterfeit registered trademark mobile phone accessories in the factory. Defendants Chen X and Deng Mou were employed by others and directly participated in the production of counterfeit registered trademarks of others, but they were only responsible for part of the work and participated for a short time. The defendant Xian was directly involved in sales and did not participate in production. All four defendants played a minor role in the same crime and were accomplices, so they should be given a lighter punishment. According to the criminal law, the four defendants were sentenced to three to four years in prison and fined 1, to 2, yuan.
Case replay
More than 9, pieces of mobile phone accessories were seized at the scene
In late March this year, the Lingang Police Station of Xiashan Public Security Bureau, based on the informant's report, grasped the relevant evidence of xiashan district Honghai Plastic Products Factory producing counterfeit Nokia mobile phone accessories after careful investigation. On April 14th, the police arrested 16 suspects, including Cao, Deng and Chen X, who were in production. More than 9, pieces of mobile phone accessories marked with "NOKIA" were seized at the scene, which was valued at more than 12 million yuan. The finished products of these fake accessories are actually marked with the words "Made in Finland" and "Made in Hungary" in English.
According to the investigation, since 29, Cao, the production supervisor of the "black factory", has organized Deng, Chen× and others to counterfeit the registered trademark of NOKIA to produce mobile phone accessories. There are about 3.3 million sets of counterfeit Nokia mobile phone accessories registered in the account books, and the preliminary evaluation is about 4 million yuan.
At present, the bank accounts of the boss Chen Mou and his wife Cao and four properties under their names have been frozen by the police, and the fugitive Chen Mou has been pursued online.
Interpretation of the law
It is also illegal to work while knowing that it is fake
During the trial, all four defendants argued that they were only working, and their monthly salary was only one or two thousand yuan, and there was no illegal business operation, which did not constitute the crime of counterfeiting registered trademarks. According to the relevant person in charge of the xiashan district People's Court, it was found that all four defendants knew about and participated in the illegal production, which constituted the elements of the crime. (Source: Zhanjiang Daily)