The Case of Sheng XX Committing the Crime of Selling Commodities Using Unauthorized Trademarks
The Case of Sheng XX Committing the Crime of Selling Commodities Using Unauthorized Trademarks
[Keywords]
Criminal case, intellectual property, crime of selling commodities using unauthorized trademarks
[Key points]
When a person sells knowingly commodities using unauthorized trademarks, and the sales amount to a considerable figure, his act constitutes the crime of selling commodities using unauthorized trademarks. If the person pleads guilty and accepts punishment by signing a Guilty Plea and Punishment Acceptance Agreement and paying in the fine in advance, and meets the conditions for community correction, the court may, based on the facts, nature, circumstance and social consequence of the crime, apply the sentence of probation on him.
[Applicable laws]
The Criminal Law of the People’ Republic of China, Articles 214, 61, 67 (1), 72 (1 & 3), 73 (2 & 3), 52 & 53, the Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Infringement upon Intellectual Property, Article 2, the Criminal Procedure Law of the People’s Republic of China, Article 15.
[Basic facts]
On July 3, 2020, China Construction Third Engineering Bureau Group Co., Ltd. subcontracted a fire safety engineering project to Hubei Lizhi Fire Safety Engineering Co., Ltd. (“Lizhi Company”), and the responsible person of Lizhi Company, Mr. Shen, contacted Sheng XX, defendant, through the referral of a friend to buy fire hydrant pumps and other products. On October 11, 2020, Sheng XX signed with Lizhi Company a “Supply Contract” for the purchase and sale of fire hydrant pumps and other related products. After the supply contract was signed with Lizhi Company, Defendant Sheng XX purchased fake “Kaiquan” fire hydrant pumps (4 sets), fire hydrant pump control cabinets (2 sets), sprinkler pumps (3 sets), sprinkler pump control cabinet (1), and voltage regulators (2 sets), and sold them to Lizhi Company at a total price of 150,000 yuan. Lizhi Company then installed these fire hydrant pumps and related products in the basement of a research institute. Examinations showed that the products that Sheng XX had sold were not made by Shanghai Kaiquan Pump Industrial Co., Ltd., and were fake products using unauthorized “Kaiquan” registered trademark. After the case was unearthed, Sheng XX removed all the fake “Kaiquan” fire hydrant pumps and related products, and replaced them with “Kaiquan” fire hydrant pumps and related products, and Lizhi Company has forgiven Sheng XX. On May 26, 2022, Sheng XX voluntarily surrendered himself to the police at Sanya Municipal Public Security Bureau Yazhou Sub-bureau, and truthfully confessed his crime.
[Judgement]
Chengjiao Primary People’s Court, Sanya, made out the (2023) Qiong 0271 Xing Chu No. 750 Criminal Judgement: Defendant Sheng XX who has committed the crime of selling commodities using unauthorized trademarks is sentenced to one year and six months of imprisonment with a probation of two years, and a fine of 120,000 yuan. After the judgement was announced, the defendant lodged no appeal, and the prosecutor did not protest.
[Rationale]
Chengjiao Primary People’s Court, Sanya, considers that Sheng XX defied the state laws, sold knowingly fake Kaiquan commodities with a total amount of 150,000 yuan, which is a considerable amount, and his act constitutes a crime of selling commodities using unauthorized trademarks, which should be punished by law; the prosecutor accused Sheng XX, the defendant, of having committed the crime of selling commodities using unauthorized trademarks, the facts are clear and evidence ascertained and adequate, and the name of the accused crime is tenable and should be affirmed; Sheng XX voluntarily surrendered himself to the police and confessed his crime truthfully, and, according to the law, may be punished leniently; Sheng XX has obtained the forgiveness of the victim, and showed repentance, and may be punished leniently; Defendant Sheng XX pleaded guilty and accepted punishment, and according to the law may be punished leniently; the defendant’s illegal gains cannot be ascertained, the prosecutor, however, based on the defendant’s sales of 150,000 yuan, decided on a fine of 120,000 yuan, which is reasonable, and the defense opinion of unreasonably high fine should not be accepted, and the other defense opinions of Defendant Sheng XX concerning lenient punishment conform to the court findings and should be accepted by the court.
