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A case of counterfeiting registered trademarks is recently heard by Yuyao People's Court, which is the first criminal incidental civil lawsuit case of intellectual property rights in Zhejiang Province. The legitimate rights and interests of intellectual property right holders are fully protected through criminal, civil and administrative efforts handled in this case.
From 2018 to January 8, 2020, a company in Ningbo illegally produced saw chains with the registered trademark "STIHL" without the permission of the owner of the registered trademark (ANDREAS STIHL AG & CO. KG), and the People's Procuratorate of Yuyao prosecuted the company for counterfeiting the registered trademark.
During the trial, the defendant pleaded guilty and confessed punishment in court. The court adopted all the sentencing suggestions of the procuratorial organs, and made a judgment on the plaintiff's claim for civil compensation in incidental civil action, so as to fully protect the legitimate rights and interests of trademark owners. In addition, in view of the defendant's lack of legal awareness and concept of intellectual property protection in this case, the Intellectual Property Inspection Office issued a "Procuratorial" Proposal to the defendant, who was required to establish and improve the intellectual property management system. So far the company has fulfilled preliminary rectification.