In order to thoroughly implement the decision-making and deployment of the provincial party committee, provincial government and the State Administration of Market Supervision on the protection of intellectual property rights, crack down on all kinds of violations of intellectual property rights, and safeguard the legitimate rights and interests of obligees, the market supervision system of the province has deployed and carried out the "Iron Fist" action of comprehensive law enforcement of the province's "Bright Sword 2020" protection of intellectual property rights from May 2020 to the end of January 2021, Focus on investigating and dealing with trademark infringement, geographical indication infringement and counterfeiting, patent counterfeiting, malicious repeated patent infringement, trade secret infringement and other illegal acts.
Since the comprehensive law enforcement action, all kinds of intellectual property cases have been filed and investigated throughout the province 4277 pieces , amount involved 167571600 yuan , confiscated 90.6487 million yuan To recover direct economic losses for the enterprise 24303500 yuan And effectively deter illegal and criminal acts, and effectively create a fair competition environment for intellectual property development.
01 Hangzhou Municipal Bureau investigated and dealt with the case of a Hangzhou network technology company infringing the exclusive right of Zhejiang Satellite TV trademark
On July 7, 2020, the Hangzhou Municipal Bureau imposed an administrative penalty of ordering correction and a fine of 200000 yuan on a certain Hangzhou Network Technology Co., Ltd. for its illegal behavior of highlighting the use of the logo and name of "Zhejiang Satellite TV" in its advertising and publishing false advertisements without authorization.
In the early stage, Hangzhou Municipal Bureau received a report that a network technology company in Hangzhou illegally used the name of "Zhejiang Satellite TV" and“
”The logo recorded interview videos and publicized them on the company's official website, WeChat, Weibo and other platforms. After investigation“
”It is a trademark registered by Zhejiang Radio and Television Group, the trademark owner. Without the authorization of the trademark owner, the party concerned uses the same or similar trademark with the registered trademark of the trademark registrant on the same kind of goods for publicity. Its behavior violates the relevant provisions of Article 517 of the Trademark Law of the People's Republic of China, and belongs to an illegal act of infringing the exclusive right to use a registered trademark. Hangzhou Municipal Bureau shall impose administrative punishment on the above-mentioned illegal acts of the parties according to law.
02 Jiashan County Bureau investigated and dealt with a case of Jiashan Seal Co., Ltd. infringing the exclusive right to use a registered trademark
On October 13, 2020, according to the unified deployment of the General Administration of Market Supervision, Jiashan County Bureau inspected a seal Co., Ltd. in Jiashan, and found a batch of mechanical seal products produced by the parties and marked with "BURGMANN" in the production site, which were identified as infringing products by the trademark owner. On October 19, 2020, the Jiashan County Bureau filed a case against the party involved in trademark infringement.
After investigation, the party concerned produced the mechanical seal with the words "BURGMANN-ZF" and "11-BURGMANN SH" without the permission of the trademark owner, and used the outer packing box with the words "BURGMANN" on some mechanical seals. By the time of the crime, 292 infringing bare mechanical seals, 499 boxed mechanical seals and 400 empty outer packing boxes had been verified, with a value of 133100 yuan and a sales amount of 73500 yuan. The illegal act of the party has been suspected of illegal crime. On January 14, Jiashan County Bureau transferred the case to the public security organ for investigation.
03 Nanxun District Bureau investigated and dealt with the case of Yuanmoubo and others selling infringing "Niulanshan" liquor
On June 20, 2020, Nanxun District Bureau received reports that there were a large number of fake "Niulanshan" liquor in the local area. Nanxun District Market Supervision Bureau immediately went to investigate. After investigation, because the case involved many people and huge value of goods, the bureau and the local public security department set up a joint task force to jointly investigate and handle the case.
After more than two months of case investigation, the joint task force found out a criminal gang involved in cross provincial production and sales of counterfeit "Niulanshan" liquor in Hebei, Zhejiang and other places. At the beginning of September, the special team closed the network in Hebei and Zhejiang at the same time, successfully destroyed a chain of counterfeiting and selling from Baoding in Hebei to Huzhou in Zhejiang, and captured the members of the counterfeiting gang led by Mr. Yuan and the secondary dealer gang led by Mr. Xu. Yuan and others are suspected of violating the relevant provisions of Article 57 of the Trademark Law of the People's Republic of China, which constitutes an illegal act of infringing the exclusive right to use registered trademarks. At present, 25 suspects have been arrested in the case, and the value of goods involved exceeds 15 million yuan.
04 Lishui Municipal Bureau investigated and dealt with the case of Zhu Moumou's gang producing and selling clothes infringing the exclusive right to use registered trademarks
In August 2020, Lishui Municipal Bureau carried out online investigation according to the clues of consumer complaints and found that THOM BROWNE, CHROME HEARTS and other brand clothing sold by a micro store were suspected of infringement and counterfeiting. Lishui Municipal Bureau immediately put the case on file for investigation, quickly launched the connection mechanism of execution, and set up a joint task force with the local public security department to jointly investigate and handle the case.
After investigation, the couple Zhu and Song found that many consumers were keen on international brands in their clothing business. Zhu and his wife took this as a "business opportunity" to set up a studio, buy famous clothing or brand shoes and bags through Zhu to overseas or domestic luxury counters, and then hand over the authentic products to Gu and Ru who worked for them, It also sells through online stores, forming an illegal chain of production and sales of counterfeit registered trademark goods with its husband and wife as the backbone and more than 20 members. On September 17, the joint task force took unified action, captured 24 members of the gang, and detained more than 23000 pieces of infringing clothing according to law, worth more than 63 million yuan. More than 30 brands of clothing manufactured and sold by the party concerned, such as "THOM BROWNE", "CHROME HEARTS" and "BURBERRY", have not obtained the trademark registrant's permission, and their behavior is suspected of violating the provisions of Item (1) of Article 57 of the Trademark Law of the People's Republic of China, which is an illegal act of infringing the exclusive right to use registered trade marks. On August 14, the case was transferred to the public security organ for handling because it was suspected of constituting the crime of counterfeiting registered trademarks. At present, 17 people involved in the case have been reviewed and prosecuted by the procuratorial organ.
05 Shaoxing Municipal Bureau investigated and dealt with the case of Zhu Moumou infringing the exclusive right to use a registered trademark
In September 2020, Shaoxing Municipal Bureau carried out online troubleshooting according to the law according to the report of the obligee, and found that the Manruide series floor heating and plumbing products sold by Zhu Moumou's Taobao online store were suspected of infringement and counterfeiting. On September 23, Shaoxing Municipal Bureau put on record the suspected trademark infringement and illegal acts of the parties, strengthened the whole process of government enterprise cooperation with the e-commerce platform, and extracted and fixed the evidence chain of the parties' network violations.
After investigation, the party Zhu Moumou has successively purchased unmarked electric actuators and temperature controllers from Taizhou since December 2019. Without the authorization of the obligee, he entrusted others to print the "menred" trademark on the above products and produce and sell counterfeit Manrider products. By the time of the crime, the total amount of illegal business of the parties was 46200 yuan. The act of the party concerned violates the provisions of the second paragraph of Article 60 of the Trademark Law, which is an illegal act of infringing the exclusive right to use a registered trademark. Shaoxing Municipal Bureau ordered the party concerned to immediately stop the infringement, confiscate the illegal goods and impose a fine of 100500 yuan.
06 Pujiang County Bureau investigated and dealt with a series of trademark cases of "Li Wenliang" maliciously registered by a Pujiang Intellectual Property Service Co., Ltd. and Mr. Xiang and Mr. Cao
On March 29, 2020, according to the case clues of the State Intellectual Property Office, the Pujiang County Bureau filed and investigated the illegal act of a Pujiang Intellectual Property Service Co., Ltd. accepting the entrustment of Mr. Cao to maliciously register the trademark "Li Wenliang".
According to the investigation, on February 8, 2020, the legal representative of Pujiang Chuangbiao Intellectual Property Services Co., Ltd. accepted the entrustment of Mr. Cao to apply for the registration of Class 21 "Li Wenliang" written trademark for him, and charged 800 yuan as the trademark registration agency fee. On March 5, the State Intellectual Property Office, in accordance with the provisions of Article 10, paragraph 1, subparagraph (8), and Article 30 of the Trademark Law, rejected the party's application for the registration of the "Li Wenliang" character trademark (international classification 21) (application number 44196964), and held that the applicant's registration or use of "Li Wenliang" as a trademark was likely to cause significant adverse social effects. The above parties should know that it is against good faith and public order to apply for trademark registration of the name of Doctor "Li Wenliang", but they still apply to the State Intellectual Property Office for trademark registration, which violates the provisions of Article 32 and Paragraph 3 of Article 19 of the Trademark Law of the People's Republic of China. In accordance with the Trademark Law, Pujiang County Bureau imposed administrative penalties on a certain intellectual property service limited company in Pujiang, its legal representative, Mr. Xiang, and the applicant, Mr. Cao, with fines of 20000 yuan, 10000 yuan, and 2000 yuan respectively.
07 Yueqing Municipal Bureau investigated and dealt with a series of color trademark infringement cases involving six parties including a transmission technology company in Yueqing
On August 28, 2020, according to the report, Yueqing Municipal Bureau inspected 6 regular production sites of the informants including a machinery limited company in Yueqing according to law, and found that the above parties produced machine guides with color combination trademarks held by the counterfeiters without authorization, and their acts were suspected of infringing the exclusive right to use registered trademarks, so the Bureau put the case on file for investigation and punishment.
After investigation, the above parties produced the same expression form and appearance style as the color combination trademark held by the trademark obligee without the authorization and permission of the trademark obligee, and both belong to the "machine guide rail" in Category 7 goods. The product expression forms are "red" oil scraper ", green" end cap "and black" iron block ". The total number of infringing goods involved in the case is 8549, The amount of illegal business involved was 628300 yuan.
The act of the above party violates the provisions of Item (1) of Article 57 of the Trademark Law of the People's Republic of China, and belongs to the act of infringing the exclusive right to use a registered trademark. Among them, three parties, including a machinery limited company in Yueqing City, were ordered to immediately stop the infringement, fined 16800 yuan, 29000 yuan and 61000 yuan respectively, and confiscated 1647 infringing goods in accordance with the provisions of the second paragraph of Article 60 of the Trademark Law of the People's Republic of China; The illegal acts of three parties, including a transmission technology company in Yueqing, have reached the standard for investigating criminal responsibility, and Yueqing Municipal Bureau has handed over the case to the public security department for investigation and punishment according to law.
08 Ningbo Municipal Bureau investigated and dealt with a counterfeit patent case of a medical device company in Ningbo
In the early stage, Ningbo Municipal Bureau carried out law enforcement inspection on a medical device Co., Ltd. in Ningbo, Cixi City according to relevant clues, and found that the external packaging bag of pressure bandages produced and sold by the party concerned was marked with an invention patent number, but the invention patent was not actually obtained, and the party concerned was suspected of counterfeiting patents. Ningbo Municipal Bureau filed a case for investigation in early 2020. Upon investigation, the actual operator of the party, Fang XX, submitted two patent applications for the invention of medical bandage cloth to the State Intellectual Property Office in December 2016 and June 2018 respectively. However, as of the case, neither of the two invention patent applications mentioned above has been granted patent rights. The party concerned, knowing that no patent has been obtained, began to mark "Invention Patent No.: 20161113XXXX. X", "Invention Patent No.: 20181064XXXX. X" and other patent marks on the outer packaging bags of pressure bandage products produced by him in the second half of 2017. By the time of the crime, the parties had sold 3156 pieces of the above-mentioned pressure bandages in 6 specifications, with a total illegal income of 149500 yuan.
On June 29, 2020, Ningbo Municipal Bureau imposed an administrative penalty on a medical device company in Ningbo for counterfeiting patents, ordered the party concerned to correct and fined 299100 yuan.
09 Wenzhou Municipal Bureau investigated and dealt with a case of infringement of trade secrets by a Wenzhou glasses company and Mr. Cheng and others
At the beginning of 2020, a Wenzhou Blue Industry and Trade Co., Ltd. reported to Wenzhou Municipal Bureau that a former employee of its company, a project, violated the confidentiality agreement to provide and disclose its product information, customer list and other trade secrets to a Wenzhou Rui Glasses Co., Ltd.
Through investigation, on July 21, 2018, Mr. Zheng (the deputy general manager of the informant), Mr. Cheng (the former employee of the informant), Mr. Zhan, Mr. Yuan, and Mr. Wu conspired to establish Wenzhou Rui Glasses Co., Ltd. In the process of production and operation, Mr. Zheng and Mr. Cheng repeatedly provided the reporter's customer list and product information (design drawings and suppliers) to a Rui Glasses Co., Ltd. in Wenzhou, resulting in the reporter's 20 glasses design drawings, and three customers were seized. In 2019, the sales amount of a Rui Glasses Co., Ltd. in Wenzhou suspected of infringing trade secrets was 9.723 million yuan.
The acts of a Wenzhou Rui Glasses Co., Ltd. and Cheng and others are suspected of constituting crimes. In September 2020, Wenzhou Municipal Bureau transferred 5 people, including a Rui Glasses Co., Ltd. and Cheng, to Wenzhou Public Security Bureau according to law.
10. Xianju County Bureau Investigates and Handles the Case of Pan Moumou and Others Producing and Selling Fake and Inferior Food (Nuts)
On August 24, 2020, the Xianju County Bureau, according to the report, conducted a sampling test on the "Wolong Daily Nuts" distributed by Panmou's online store, and found that the net content of the products involved did not meet the standard requirements, so they were judged as unqualified products. After the identification of the trademark obligee of "Wolong wolong", the goods sold by the parties were identified as infringing and counterfeit products.
On September 22, 2020, Xianju County Bureau quickly launched the connection mechanism of execution and established a joint task force with the County Public Security Bureau. On November 2, 2020, the special team implemented unified network access in Taizhou, Zhejiang Province, Lengshuijiang City, Hunan Province, Xinhua County and other places, and destroyed the criminal gang that produced and sold counterfeit "Wolong wolong" products. 19 suspects were arrested at the scene, one manufacturer and three production and processing dens were destroyed, and more than 300000 bags of counterfeit and shoddy finished nuts, 28000 sets of packaging materials, 3.2 tons of nut raw materials were seized at the scene. More than 200 cubic meters of goods were seized, with a case value of more than 30 million yuan.
(Source: Zhejiang official account of Netcom)