Page 150 - 2017 White Paper
P. 150
7 White Paper on the Business Environment in China
Criminal Case of Zhang Sheng, Zou Li and illegally manufactured registered trademark logos and
Wang Weibao was sentenced to one year’s imprisonment and a fine in
the amount of 10,000 yuan. Hubei Provincial High People’s
1. Case Brief Court sustained the judgment of the first instance and
modified the term of imprisonment for Wang Weibao.
To make profit from the manufacturing and selling of
fake condiments, the Defendant Zhang Sheng had been 2. Comment
in connection with the Defendant Wang Weibao over the
telephone since 2012 and had purchased 10,000 sets of Both the first and the second instances of this
packing bags for Nande branded condiments that were case were tried by the intellectual property right trial
printed with the trademark “南街村” (Nanjie Village) division that used the standard of “three in one”. The trial
and 25,000 sets of packing bags for Lotus monosidum ascertained the facts and determining the source and
glutanate that were printed with the trademark “莲 the legal status of the trademark right, correctly defined
花” (lotus) which were illegally manufactured by Wang the boundaries between the “crime of counterfeiting
Weibao without authorization. The defendants Zhang the registered trademark” and the “crime of selling
Sheng and Zou Li purchased monosidum glutanate and illegally manufactured registered trademark logos”, and
chicken essence and sold them masquerading as“Taitaile” clarified on what conditions should the acts of providing
and “Lotus” chicken essences. Later, they manufactured assistance to a principal criminal of counterfeiting
condiments with salt, monosidum glutanate, spices, etc. a registered trademark be deemed as joint crime or
and sold the products masquerading as “Nanjie Village” independent crime. The application of law in this case
condiments. Their sales volume reached 115,565 yuan. was typical and representative.
On August 14th 2013, the public security bureau of
Laohekou City, Xiangyang Municipality, Hubei Province Conclusion
searched the leased dwelling, a warehouse of Zhang
Sheng and Zou Li, and found the equipment and materials The judicial reform of China’s intellectual property
used to manufacture the fake products and trademark protection has developed further in 2016 compared to
logos of “Nanjie Village”, “Taitaile” chicken essence, and 2014 and 2015. China continues to promote revision
“Lotus” monosidum glutamate. All the packing bags of the laws and regulations such as the Patent Law, the
of the “Nanjie Village” condiments, “Taitaile” chicken Copyright Law, the Law on Promoting the Transformation
essence, and “Lotus” monosidum glutamate used by the of Scientific and Technological Achievements, the
defendants Zhang Sheng and Zou Li were printed with Regulations on Patent Agency, etc. Meanwhile, China
the trademark logos identical with the above mentioned also issued the revised draft of the Unfair Competition
trademarks. Law and Interpretation (II) of the Supreme People’s
Court on Several Issues concerning the Application of
Xiangyang Intermediate People’s Court of Hubei Law in the Trial of Patent Infringement Dispute Cases,
Province of the first instance held that the Defendants Opinion on Promoting Three-in-One Civil, Administrative
Zhang Sheng and Zou Li purchased monosidum and Criminal Trial involving Intellectual Property,
glutanate and chicken essence of ordinary brands and Opinions of the Central Communist Party of the Party of
then sold them masquerading as “Taitaile” and “Lotus” China and the State Council on Protecting Intellectual
chicken essences, constituting the crime of counterfeiting Property Rights According to the Law by Improving the
registered trademark. The acts also constituted the crime Intellectual Property Right Protection System and Notice
of selling illegally manufactured registered trademark on Carrying out Quick and Collaborative Protection Work
logos. Therefore, the Court sentenced as follows: firstly, of Intellectual Property Rights, etc. to gradually improve
the defendant Zhang Sheng committed the crime of protection of intellectual property rights and the means
counterfeiting a registered trademark and was sentenced by which they are enforced.
to two years’imprisonment and given a fine in the amount
of 60,000 yuan; secondly, the defendant Zou Li committed Unfortunately, despite many good changes and
the crime of counterfeiting a registered trademark and additions to the law in China and the Party’s emphasis
was sentenced to one year’s imprisonment and given on the “Rule of Law”, the court system still remains weak
a fine in the amount of 50,000 yuan; and thirdly, the and often fails to enforce the law or its own judgements.
defendant Wang Weibao committed the crime of selling
150
Criminal Case of Zhang Sheng, Zou Li and illegally manufactured registered trademark logos and
Wang Weibao was sentenced to one year’s imprisonment and a fine in
the amount of 10,000 yuan. Hubei Provincial High People’s
1. Case Brief Court sustained the judgment of the first instance and
modified the term of imprisonment for Wang Weibao.
To make profit from the manufacturing and selling of
fake condiments, the Defendant Zhang Sheng had been 2. Comment
in connection with the Defendant Wang Weibao over the
telephone since 2012 and had purchased 10,000 sets of Both the first and the second instances of this
packing bags for Nande branded condiments that were case were tried by the intellectual property right trial
printed with the trademark “南街村” (Nanjie Village) division that used the standard of “three in one”. The trial
and 25,000 sets of packing bags for Lotus monosidum ascertained the facts and determining the source and
glutanate that were printed with the trademark “莲 the legal status of the trademark right, correctly defined
花” (lotus) which were illegally manufactured by Wang the boundaries between the “crime of counterfeiting
Weibao without authorization. The defendants Zhang the registered trademark” and the “crime of selling
Sheng and Zou Li purchased monosidum glutanate and illegally manufactured registered trademark logos”, and
chicken essence and sold them masquerading as“Taitaile” clarified on what conditions should the acts of providing
and “Lotus” chicken essences. Later, they manufactured assistance to a principal criminal of counterfeiting
condiments with salt, monosidum glutanate, spices, etc. a registered trademark be deemed as joint crime or
and sold the products masquerading as “Nanjie Village” independent crime. The application of law in this case
condiments. Their sales volume reached 115,565 yuan. was typical and representative.
On August 14th 2013, the public security bureau of
Laohekou City, Xiangyang Municipality, Hubei Province Conclusion
searched the leased dwelling, a warehouse of Zhang
Sheng and Zou Li, and found the equipment and materials The judicial reform of China’s intellectual property
used to manufacture the fake products and trademark protection has developed further in 2016 compared to
logos of “Nanjie Village”, “Taitaile” chicken essence, and 2014 and 2015. China continues to promote revision
“Lotus” monosidum glutamate. All the packing bags of the laws and regulations such as the Patent Law, the
of the “Nanjie Village” condiments, “Taitaile” chicken Copyright Law, the Law on Promoting the Transformation
essence, and “Lotus” monosidum glutamate used by the of Scientific and Technological Achievements, the
defendants Zhang Sheng and Zou Li were printed with Regulations on Patent Agency, etc. Meanwhile, China
the trademark logos identical with the above mentioned also issued the revised draft of the Unfair Competition
trademarks. Law and Interpretation (II) of the Supreme People’s
Court on Several Issues concerning the Application of
Xiangyang Intermediate People’s Court of Hubei Law in the Trial of Patent Infringement Dispute Cases,
Province of the first instance held that the Defendants Opinion on Promoting Three-in-One Civil, Administrative
Zhang Sheng and Zou Li purchased monosidum and Criminal Trial involving Intellectual Property,
glutanate and chicken essence of ordinary brands and Opinions of the Central Communist Party of the Party of
then sold them masquerading as “Taitaile” and “Lotus” China and the State Council on Protecting Intellectual
chicken essences, constituting the crime of counterfeiting Property Rights According to the Law by Improving the
registered trademark. The acts also constituted the crime Intellectual Property Right Protection System and Notice
of selling illegally manufactured registered trademark on Carrying out Quick and Collaborative Protection Work
logos. Therefore, the Court sentenced as follows: firstly, of Intellectual Property Rights, etc. to gradually improve
the defendant Zhang Sheng committed the crime of protection of intellectual property rights and the means
counterfeiting a registered trademark and was sentenced by which they are enforced.
to two years’imprisonment and given a fine in the amount
of 60,000 yuan; secondly, the defendant Zou Li committed Unfortunately, despite many good changes and
the crime of counterfeiting a registered trademark and additions to the law in China and the Party’s emphasis
was sentenced to one year’s imprisonment and given on the “Rule of Law”, the court system still remains weak
a fine in the amount of 50,000 yuan; and thirdly, the and often fails to enforce the law or its own judgements.
defendant Wang Weibao committed the crime of selling
150
