580 Pairs Of Fake Brand Sports Shoes Were Checked &Nbsp; The Parties Were Sentenced To One And A Half Years.

It is understood that the case is

Yuanmou, 30, is from Shangshui County, Henan.

In 2009, he was sentenced to 1 years' imprisonment for the sale of counterfeit registered trademarks by the Fengtai District court of Beijing.

After his release, Yuan went to Zhengzhou and opened a shoe store on nautical road. He began to import goods from Fujian Province in April 2010.

According to Yuanmou account, he entered the shoes are imitation fake brand name, mostly

Because sales are fake brand sports shoes, Yuan Mou does not have a business license.

Yuan said that the price of each pair of shoes was about 20 yuan, the highest not more than 40 yuan, he sold 200 to 400 yuan to sell, profits nearly 10 times.

But compared to the price of genuine Nike and other famous brand shoes, Yuan's goods are still cheaper, so business is good.

"Sometimes it's wholesale. The price ranges from 65 yuan to 110 yuan."

Yuan Mou says.

In June 15, 2011, the police received a report, captured Yuan Mou, and seized 1622 pairs of fake brand sports shoes, including 1207 pairs of fake Nike shoes, 117 counterfeit Puma shoes, 298 counterfeit Adidas, and a total value of 12 million yuan.

According to the survey, since opening shop to the incident, Yuan Mou has altogether entered more than 3000 pairs of false shoes, sold 580 pairs, the case value is 51560 yuan.

In the court trial, Yuan Mou had no objection to the evidence and conviction and sentencing suggestion of the prosecutor.

After the trial, the criminal suspect Yuan Mou is known as a counterfeit registered trademark, with a large amount and a recidivist.

According to the relevant provisions of the criminal law, he was sentenced to 1 years and 6 months, and the penalty was 50 thousand yuan.

"Before that, most of the fake goods were seized by the commerce and Industry Department, and I was not expected to be sentenced.

It is estimated that those who sell fake goods will get a lot of convergence.

A participant in the audience said.

Zhengzhou's intellectual property criminal cases rose 1.46 times last year.

After the court, Qiao Yidan, director of the three public prosecution of Zhengzhou procuratorate supporting the prosecution, briefed reporters on the acceptance of intellectual property criminal cases in Zhengzhou in 2011.

She said that in 2011, the number of criminal cases of intellectual property rights handled in Zhengzhou increased significantly, a total of 96 202 people, an increase of 1.46 times compared with the same period last year, and the types of crime were concentrated. The cases accepted were involved in the crime of counterfeiting registered trademarks, the crime of selling counterfeit registered trademarks, the illegal manufacture, sale and sale of illegally registered registered trademarks, and four counts of copyright infringement.

There are many kinds of counterfeit brand goods, mostly belonging to daily necessities, which are directly related to people's livelihood.

67 people were sentenced to probation for 60% intellectual property crimes last year.

"The statutory sentencing of intellectual property crimes is not high, and most of them are sentenced to probation, and the degree of attention is relatively low.

Criminals also have repeated investigations of recidivism.

Qiao Yidan said that in 2011, in the 87 183 person intellectual property criminal cases prosecuted, 51 108 people were sentenced. The maximum penalty was 4 years' imprisonment. 67 of them were sentenced to fixed-term imprisonment, accounting for 62%. In all cases, the defendants were fined, the maximum amount was 250 thousand yuan, and the minimum amount was 5000 yuan.

Li Lingyun, prosecutor of the Zhengzhou municipal procuratorate, said that according to the 214th provision of the criminal law, the sale is knowingly known as a counterfeit registered trademark, and the amount of sale (50 thousand yuan or more) is greater than 3 years imprisonment or criminal detention.

"People's awareness of intellectual property protection is still very weak."

Li Lingyun, a prosecutor appearing in court and a yuan case prosecutor, said that when a suspect was questioned, he said, "everywhere I sell fake goods, I was caught because I was unlucky."

background

Zhengzhou intellectual property case jurisdiction

Establishment of professional criminal counterfeiting team

It is understood that, as early as November 2009, the Supreme People's court approved the consent of the Henan Provincial High Court and the Zhengzhou intermediate court and the Luoyang intermediate court to carry out the pilot work of intellectual property rights courts uniformly accepting civil, administrative and criminal cases of intellectual property rights.

In 2011, as a national pilot, the Zhengzhou procuratorate set up three public prosecuting cases specializing in intellectual property cases and job-related crimes, specializing in intellectual property cases and job-related crimes, focusing on training expert prosecutors for intellectual property cases.

And took the lead with the Zhengzhou Municipal Public Security Bureau and the Zhengzhou intermediate court to sign several provisions on the jurisdiction of Zhengzhou's intellectual property criminal cases.

Since then, the criminal cases of intellectual property rights in Zhengzhou are no longer accepted by the grassroots public security organs, while the promotion is centralized by the municipal public security departments.

According to the regulations, the criminal cases of intellectual property rights in Zhengzhou City area including 13 counties (cities) are pferred to the Zhengzhou Procuratorate by the Zhengzhou Municipal Public Security Bureau for examination and prosecution. The case is centralized by the Zhengzhou intermediate court.

For cases of intellectual property crimes that are major, difficult and have a greater impact on the whole province or within a larger scope, procuratorial organs may, in accordance with the requirements of the investigation organs, send in advance to intervene in the case and participate in case discussions and inquest and inspection, so as to guide investigation and evidence collection.

The criminal cases of intellectual property rights that are accepted include crimes of counterfeiting registered trademarks, counterfeiting patents, infringing copyright, selling infringing products, and infringing trade secrets.

Yang Hongjun, associate professor of Law School of Zhengzhou University, thinks that the jurisdiction of intellectual property cases upgrading is of great significance, and more importantly, it will cultivate a professional criminal anti-counterfeiting team, and effectively attack and frighten the torts through effective criminal means. At the same time, it helps the society form a general awareness of protecting intellectual property rights.