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In order to crack down on infringement and counterfeiting rampaged with the approaching of the "Double 11" shopping spree, and maintain a law-based business environment, the Intellectual Property Trial Chamber of Shanghai Pudong Court sentenced a number of intellectual property criminal cases involving famous brands such as Chanel, Cartier and Gucci. The court sentenced 69 defendants to fixed-term imprisonment ranging from five years and nine months to eight months for the crime of counterfeiting registered trademarks or selling goods with counterfeit registered trademarks, and imposed fines ranging from 11.7 million yuan to 5,000 yuan.
In this series of cases of counterfeiting jewelry brands, the court found through trial that from June 2019 to October 2020, Huang, who runs a jewelry company, together with 9 people including Liu and Luo, produced counterfeit brand jewelry such as Cartier, Van Cleef & Arpels and Earl, and gained profits of more than 700,000 yuan through platforms including Taobao and WeChat.
After hearing the case, Shanghai Pudong Court held that a total of twenty-one defendants used the trademarks of relevant owners without permission as their registered trademarks on the same goods, which constituted the crime of counterfeiting registered trademarks. Moreover, the amount involved in this series of cases has reached 61 million yuan, and the criminal circumstances are particularly serious, which have caused serious damage to brand reputation and economic interests, and also infringed on the interests of consumers. According to the defendant's criminal circumstances, social harmfulness, confession attitude and so on, the court sentenced the twenty-one defendants to fixed-term imprisonment, ranging from five years and nine months to eight months, and imposed corresponding fines.
The court’s decision is of positive significance for strengthening the criminal judicial protection of intellectual property rights and promoting the construction of a market-oriented, legal and international business environment.