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Case interpretation
Stealing the beam and changing the pillar, making fake shoes, making fake shoes and returning from a fake job
Time: March 29, 2024 Author: News source: [Font size: large | in | Small

In September 2021, the Jingxian Public Security Bureau received a phone call from a staff member of the "anti counterfeiting" company entrusted by an overseas outdoor products limited company, saying that a large number of shoes with the "Teva" registered trademark owned by the outdoor products limited company were stored in a warehouse in Jingxian County, with a value of about RMB 40000 to 500000. The public security organ immediately put the case on file for investigation, and successively captured more than 10 suspects, including Wang Moujia and Wang Mouyi.

After investigation From 2019 to the crime, Wang Moujia, without obtaining the permission of the foreign trademark owners of "Teva" and "KEEN", entrusted Li Moumou and others to process and produce shoes with fake registered trademarks, and then sold the shoes to a Nantong Trading Co., Ltd. that Wang Mouyi was actually responsible for.

In addition, Wang Mingjia knew that it was a fake registered trademark The shoes of "Dr. Martens" are still purchased from Wu, Zhao and others at a low price and sold to Wang's company, which then sells the shoes with the three registered trademarks to Japan. After the investigation of Jingxian County Public Security Bureau is completed, it shall be transferred to Ningguo Municipal Procuratorate for examination and prosecution according to law.

After accepting the case, the prosecutor in charge conducted a comprehensive sorting and review of the facts and evidence of the case. Since the time span of the case is more than two years, the crime area spans many provinces, involving more than ten people, and the enterprises whose intellectual property rights were infringed in the case are foreign-funded enterprises, most of the fake and inferior goods have been sold abroad, the investigation and evidence collection are faced with various inconvenience and difficulties. In order to better find out the facts of the case and accurately convict and sentence, the Ningguo Municipal Procuratorate returned the case to the investigation organ for supplementary investigation, guided the public security organ to strengthen the conviction evidence of the principal criminals Wang Moujia and Wang Mouyi, and proposed to determine the subjective intention and amount of crime of each person involved by taking order documents, chat records, etc., and guided the public security organ to strengthen the evidence.

At the same time, in order to protect the legitimate rights and interests of the murdered brand enterprises, the Ningguo Municipal Procuratorate interpreted the law and reasoned the criminal suspects, and carried out the work of pleading guilty and accepting punishment. Finally, the criminal suspects reached a settlement with the brand enterprises, compensated for the economic losses of the brand enterprises, and obtained the understanding of the brand owners.

After more than eight months of strict review, the procuratorial organ followed the principle of suiting crime, responsibility and punishment, and dealt with the persons involved in the case and a trading company in Nantong according to law. The People's Court of Ningguo City made a judgment according to law and adopted all the facts, charges and sentencing suggestions charged by the procuratorial organ.

The act of making and returning fake goods not only infringes intellectual property rights, but also infringes the legitimate rights and interests of unspecified consumer groups, damages the social public interests and destroys the good market order. In recent years, the procuratorial organ has attached great importance to the handling of cases involving the people's livelihood, such as the production and sale of fake and shoddy goods and the harm to food and drug safety, which has provided a strong judicial guarantee for protecting food and drug safety, standardizing market operation order and creating a good business environment.