LV Prosecuting A Number Of Shopping Malls And Shopping Malls In Dalian For Infringement

　　 LV series The right protection case was heard in the people's Court of Xigang District, Dalian. LV's trademark owner and Louis Weedon Marley Siti company have filed 22 cases in this court, with a claim amounting to 11 million yuan. The defendant involved the owners of two quasi five star hotels in Dalian, Wenzhou city commercial and Trade Co., Ltd. and 4 business households, as well as Dalian Victory Square Development Co., Ltd. and 4 shops.

Although there are many disputes surrounding the industry in this series of cases, the weak sense of intellectual property rights of some businesses is still weak. Expose Nothing left.

　　 Defendants repeatedly refused to take responsibility.

"As a fake seller, there is no doubt that it infringes the trademark right of the trademark exclusive owner. But businesses and hotels that offer venues need to be treated differently if they need to be responsible. Wang Linjie, legal adviser of China Council for the promotion of international trade, analyzed this.

In 2006, 5 world famous Brand Company such as LV jointly sued the Beijing Xiushui market to attack the false name brand war, which was a sensation for a while. Finally, the first case of "foreign brand China's counterfeiting" lasted for a year. Despite the fact that businesses are still trying to make sense, they can only stop at a judgment.

However, in the process of developing the market economy and building the legal environment in China, the "Xiushui Street phenomenon" is inevitable. As a result, intellectual property rights litigation cases are increasing year by year. A plaintiff accuses multiple defendants at the same time.

Wang Linjie told reporters that the Xiushui Street case last year was based on the fiftieth provision of the "Regulations on the implementation of the Trademark Law of the People's Republic of China". Storage Transport, mail, Concealment The act of "convenience" is a tort.

"In recent years, such cases as LV, Prada and other famous brands have brought litigation cases to Beijing Xiushui Street, Wudaokou market, and elegant market. This is also mainly based on this: whether to provide convenience."

According to media reports, the agent of Dalian Jiuzhou Hotel Co., Ltd., which is involved in the LV incident, thinks that the company only rents the premises to other people's clothing stores, and the clothing store is an independent legal entity with an independent business license.

The agent of another Furama Nanshan Garden Hotel in Dalian has similar views. They believe that the products purchased by the plaintiff's agent are not sold by the hotel, but by the shops that rent the hotels.

At present, there is still much controversy among the original defendants. Among them, whether hotels or shopping malls rent or sell counters have tort liability has become the focus of heated debate between the two sides. {page_break}

Analyzing the case of LV, Wang Linjie said, if the court can provide evidence to prove that it does not provide convenience, it can be legally exempt from liability. But at the same time, she also said that judging from the judicial process of the relevant cases, it is obvious that the court is still very strict in deciding whether or not the operator should be held responsible.

　　 Shopping centres can be self checked regularly to prevent merchants from selling fake products.

Reporters then visited several large mobile shopping centers in Beijing, a number of brand names and underground mobile counters, the shop assistants said they had a business license legally settled, but on the mall and their direct signing of the lease contract has indicated that the relevant documents need to be submitted, they do not know. Questioning whether there will be intellectual property rights, is a blank look.

Apart from the business side of the mall, the weakness of the intellectual property rights of various shopkeepers is also exposed.

In fact, after the "Xiushui Street incident" in 2006, the Beijing government launched the "trademark authorized operation system" to guide businesses to avoid such actions as far as possible.

In an interview, the reporter learned that under the guidance of the industrial and commercial authorities, the market operation unit asked the merchants to submit relevant materials and establish trademark archives. These materials include: the trademark registration certificate, the certificate of authorization of the trademark registrant (the private brand must submit the trademark registration certificate, the non brand must submit the purchase bill), the multi-level agent must submit the certificate of trademark authorization at the previous level, the proof of the purchase channel, the qualification certificate of the main body, etc. The trademark files are built in one file, and all the files in the archives are copies of the above documents affixed with official seals.

"Beijing industrial and commercial bureau has also announced a number of internationally renowned brands are prohibited from selling in small shopping malls, and sales to large shopping malls must also obtain authorized agents in advance, provide proof of the source of sales and so on." Wang Linjie thought that as a shopping mall, it should ask the stationed businessmen to provide legal proof of the commodities. This can also effectively turn the ex post supervision into beforehand prevention. When disputes occur, it can be used as a proof of "no conveniences", and a clear regulation of legal responsibilities is also an effective means to protect ourselves.

Wang Linjie mentioned that in recent years she has come to the business leasing contract, which has placed intellectual property as a priority. The atmosphere of intellectual property protection has become increasingly strong, and people's brand awareness has been constantly strengthened, and the brand awareness of people in charge of various market operators has also been increasing. As a lawyer, she also put forward her own suggestions to business operators: "shopping malls can conduct self-examination on a regular basis, and there are no businesses selling fake products. Once discovered, it is possible to stop the sale of fake businesses on the basis of previous contracts with merchants and the internal rules and regulations of the shopping malls, and even report to the relevant authorities of the trade and Industry Bureau and take back the stalls.