If you travel to Europe with fake brand names, customs may have the right to confiscate them and punish them severely
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April 21, 2006 05:47 Metropolis Express
Yesterday morning, there were two news about fake famous brands. First, the French Embassy in China issued a statement clarifying the rumor that "traveling to Europe with fake brand names will be severely punished." The National Tourism Administration also officially stated: "To avoid unnecessary trouble, Chinese tourists traveling to Europe are reminded Do not wear, carry or buy counterfeit brand-name items.”
The second is the first-instance judgment of the Shanghai Second Intermediate People’s Court in the trademark infringement case of Louis Vuitton Maliti Company v. Shanghai Lianjia Supermarket Co., Ltd., for the sake of 3 products. Carrefour paid 300,000 yuan for the fake LV bag. Earlier on April 18, Beijing Show
Water Street was ordered to pay 100,000 yuan in compensation for selling five major fake brands.
Incident 1
Chinese tourists carrying fake "Adidas" were confiscated in France
On April 12, Shanghai media reported that a Shanghai travel agency accepted the goods at French customs During immigration inspection, a male tourist in his 30s was stopped.
The male tourist was intercepted because of the counterfeit "Adidas" sports bag in his hand. After inspection by French customs, the sports bag was identified as a counterfeit product. The inspector immediately poured out all the items in the bag and gave the male tourist two plastic bags to contain the items. The counterfeit "Adidas" bag was confiscated on the spot.
The French Embassy in China: Customs has the right to confiscate counterfeit goods
Yesterday, the French Embassy issued a written explanation to the media "On the Problem of Counterfeit Brand-name Products Detected by Customs" , saying that France completely prohibits the import and export of counterfeit brand-name goods, and customs has the right to investigate and deal with them.
At the same time, Gui Yonghua, Press Counselor of the French Embassy, ??emphasized that Chinese tourists do not need to worry too much when traveling to France. France's "anti-counterfeiting" regulations are not aimed at Chinese people. "This is not a big deal, nor does it mean that you will definitely be fined for bringing fake brand names to France."
Counselor Gui Yonghua also gave suggestions to Chinese tourists yesterday, hoping that everyone would wear more domestically produced clothing when traveling abroad. famous brand. "I think Chinese clothes are very good. For example, the quality of some famous brand clothes in Zhejiang is very good. I personally like to buy Chinese clothes and tea. I also bought a car made in China a few days ago."
National Tourism Administration: Tourists going to Europe should not wear fake name brands
Yesterday, the National Tourism Administration officially stated for the first time that Chinese tourists going to Europe were fined for bringing fake name brands: "To avoid unnecessary trouble , reminding Chinese tourists traveling to Europe not to wear, carry or buy counterfeit brand-name items.”
Ms. Wu from the Information Office of the National Tourism Administration told reporters, “In fact, in August last year, the National Tourism Administration issued a ban on tourism to various places. The bureau has issued a notice urging travel agencies in various places to remind tourists not to travel with counterfeit brand-name products, but it did not take it as seriously as this time."
China Customs: China Customs also cracks down on fake brand-name products
The confiscation of Shanghai tour group tourists for carrying counterfeit "Adidas" backpacks is not a French practice. Yesterday, reporters learned from China’s General Administration of Customs that China’s customs is also cracking down on counterfeit brands seized through customs travel inspection channels, especially crackdowns.
The reporter learned from Beijing Customs that the Capital Airport Customs has always been strict in inspecting the items carried by passengers when clearing customs. In recent times, passengers carrying counterfeit brand-name P3 players, Viagra drugs, etc. have often been intercepted at the customs travel inspection channel. Just in early April, Beijing Customs seized for the first time cigarettes that infringed on the exclusive rights of the Olympics in the express shipment declared for export by an international transportation agency company.
Event 2
Shanghai Carrefour sold fake LV bags
The first instance was sentenced to compensate 300,000 yuan
For three fake LV bags, Carrefour paid a price of 300,000 yuan. Yesterday morning, the Shanghai No. 2 Intermediate People’s Court made the first-instance judgment on the trademark infringement case of Louis Vuitton Maliti Company against Shanghai Lianjia Supermarket Co., Ltd. Carrefour Supermarket must stop the infringement and compensate for the losses. At the same time, it must accept the court's judicial recommendations and accept industry rectification. It is reported that this is also the first time that LV has won a rights protection case in Shanghai.
All three bags are infringing
Shen Zhixian, president of the Second Intermediate People’s Court, pointed out when pronouncing the case that the three LV bags brought to the court by Louis Vuitton Maliti were reviewed. , comparison and reasonable observation, the same and similar facts exist.
According to the brand and popularity of the plaintiff's company, the defendant, as a large-scale Sino-foreign joint venture supermarket, has professional management experience, and both parties are companies with French backgrounds. The defendant should know the plaintiff's trademark and brand, but he did not. The emotional defense will not be accepted.
Although Carrefour Supermarket is not the manufacturer of the infringing products, it has subjectively obvious negligence and infringement. Therefore, Carrefour must stop its infringement.
The genuine product is 8,950 yuan, the fake bag is 49.9 yuan
According to the evidence in this case, although Carrefour claimed that it purchased 40 pieces a day, only 3 infringing LV bags were sold. , but this evidence is difficult to prove the amount of infringement.
As a world-renowned brand, the plaintiff’s authentic bags sell for 8,950 yuan, which is obviously a huge gap from Carrefour’s promotional price of 49.9 yuan. Carrefour’s sales behavior caused huge harm and losses to the plaintiff’s registered trademark.
However, it is currently difficult to determine the plaintiff’s losses and the defendant’s profits. According to the court investigation and relevant laws, it was ruled that Lianjia Supermarket Co., Ltd. should stop the infringement and compensate the plaintiff 300,000 yuan.
Event 3
Beijing Xiushui Street sales of five major fake brands were sentenced to compensation of 100,000 yuan
On the morning of April 18, Chanel (CHANEL), Louis Vuitton Vuitton (LV), Burberry (BURBERRY), Gucci (GUCCI), and Prada (PRADA), five world-famous brand companies, won the final victory in the battle against fake famous brands. The Beijing Higher People's Court finally ordered the five companies to Merchants selling counterfeit goods in Xiushui Market and Xiushui Street Clothing Market Co., Ltd. will both compensate five famous brands 20,000 yuan each.
The court held that Xiushui Street Company has the right and obligation to manage the market and supervise the types and quality of goods sold by merchants, and to stop and eliminate the production and sale of counterfeit goods. Intentionally providing warehousing, transportation, mailing, concealment and other convenient conditions for infringement of the exclusive rights of others' registered trademarks is an act of infringing the exclusive rights of others' trademarks.
It is understood that in order to combat counterfeit goods and protect internationally renowned brands, the Beijing Municipal Administration for Industry and Commerce announced in March last year that the sale of more than 50 international famous brands will be prohibited in all clothing and small commodity markets, including Xiushui Market. The Municipal Administration for Industry and Commerce stated that anyone selling fake brand names in the market will be investigated for suspected trademark infringement, and those suspected of constituting a crime will be transferred to the public security department in accordance with the law. (News Evening News, Beijing Evening News, Beijing Morning News)
Source: Shenyang Daily
Recently, a news on the Internet about the possibility of heavy fines for carrying or buying counterfeit brand names in Europe has caused a stir The attention of many Shenyang citizens. Because this kind of "bringing counterfeit goods" may result in a fine of up to 300,000 euros and a prison sentence of 3 years. On April 18, when reporters asked some travel agencies about this matter, some staff members said that travel agencies in Shenyang have not received any official reminder notices. Some tour guides reminded that tourists traveling to Europe should try not to carry such items. Leave the country to avoid any trouble when entering or leaving the country.
Wearing fake brand names to Europe will be punished
According to the reporter’s understanding, the cause of the incident was a recent media report that a Chinese tourist traveled to France recently and was undergoing immigration inspection. , the Adidas backpack carried by this tourist was confiscated by the local customs department because it was a counterfeit product.
After this incident occurred, domestic travel agencies have begun to remind Chinese tourists to avoid bringing counterfeit brand-name products.
What kind of penalties will tourists to Europe face if they wear or bring counterfeit foreign brand-name products into the country? A senior official from Shenyang Overseas International Travel Agency said in an interview with reporters that travel agencies in Shenyang have not received any official notifications, and there are no statutory regulations on whether it is illegal for individuals to wear counterfeit products abroad. Most travelers from Shenyang to France transfer to Korean Air flights out of the country, and there are some informative publicity in South Korea. Airports in France and other European countries have billboards prohibiting the entry of counterfeit products. For example, if you carry less than 5 counterfeit brands in France, you will be confiscated; if you bring 5 to 10 counterfeit brands, you will be confiscated and fined, and the amount of the fine is twice the value of the genuine brand; if you bring more than 10 counterfeit brands, you will be sent to court, and the maximum penalty will be the same as for manufacturing and selling counterfeit products. Sanctions are punishable by a fine of up to 300,000 euros and a prison sentence of three years. In fact, this clause mainly involves tourists who purchase counterfeit famous brands in large quantities and bring them into France and Italy. Travel agencies in Shenyang often organize group tours to France. Tourists who unknowingly wear fake brand names or bring fake brand name bags into France will generally not be fined. Currently, no outbound tourists from Shenyang have been punished for carrying or purchasing fake brand names. precedent.
If you get into trouble by "bringing fakes", don't wear fake brands
During the interview, the reporter learned from the description of the staff of the travel company that due to years of severe punishment for counterfeiting and selling, people who buy fakes in Europe Counterfeiting famous brands is not an easy task. However, in recent years, some foreigners have come to China to see the cheap prices of domestic counterfeit famous brands, and have purchased large quantities of such counterfeit products and returned home. These actions have attracted the attention of some European customs departments, so local customs have stepped up investigations and punishments.
Zhang Chungang, manager of Shenyang Hongxing Travel Company, said that although some French laws mainly target counterfeiters who produce or sell in large quantities, travel agencies have the obligation to remind tourists. Currently, some Shenyang Travel companies will remind tourists about this when taking tourists to Europe. Tourists wearing fake brand names will consciously entrust such items to the travel agency for safekeeping after being informed.
Some insiders predict that more than 5,000 tourists will book European tours in Shenyang during the May Day holiday. They remind tourists to be careful when carrying clothing and bags with famous brand logos when leaving the country.