Tianjin opened the first epidemic-related IPR infringement case online
On March 18th, the first epidemic-related IPR infringement case in Tianjin was heard online by the People’s Court of Heping District. Judicial officers, public prosecutors, defendants, and defenders who were separately located in four different places participated in the trials via the Internet and remote videos. It was learned that this was the first criminal IPR infringement case concerning epidemic in Tianjin.
It was introduced that the suspect surnamed Miao purchased production facilities and raw materials, produced anti-smog facial masks labeled registered trademarks of a company without approval and without a business license, and sold them for profits.
During the epidemic prevention and control, the defendant Miao sold anti-smog facial masks he produced to a number of business operators in Tianjin and Hebei, with illegal profits amounting to over 100,000 yuan. Knowing that the anti-smog facial masks Miao produced and sold infringed upon registered trademarks, the son of Miao provided help in the processes of packaging and transporting. Those facial masks were identified counterfeit and didn’t meet the requirement of GB2626-2006.
The court decided that Miao was convicted of counterfeiting registered trademarks, and was sentenced to 9 months in prison with a fine of 70,000 yuan. The son of Miao was convicted of counterfeiting registered trademarks, and was sentenced to 3 months’ detention with a fine of 10,000 yuan. The facial masks with counterfeit registered trademarks, packaging boxesand related machines and tools detained in this case were confiscated by competent authorities in accordance with the law.