【Case Briefing】
In August 2006, the Investigation Brigade on Economic Crime of Shanghai Public Security Bureau was informed that Jin Zhifang et al. might be selling fake products. It was found that Jin Zhifang, Jiang Kecheng and Ding Xueyu have been sold a great deal of fake leatherwear, watches and garments by soliciting passersby or commissioning tour guides of foreign travelers. They stored such fake products in three rented apartments respectively at
On August 22, 2006, the Investigation Brigade searched the mentioned bases and arrested Jin Zhifang et al. on site. Some 30 kinds of fake products including
【Result of Trial】
The fact Jin Zhifang et al. knowingly sold fake products with famous trademarks has constituted the offence of selling fake products. On January 10, 2007, Xuhui District People’s Court sentenced, in accordance to the provisions of section 214 under PRC Criminal Law, Jin Zhifang et al. to 3 year imprisonment on probation. The offenders were also fined for a penalty.
【Case Analysis】
i. Clear Priorities: the Investigation Brigade of Economic Crime has always been following the arrangements of Public Security Ministry’s Eagle No.2 Program on the crack down of intellectual property infringement. The Brigade puts priorities to counter the offences of selling and making fake products using famous international trademarks. The famous international trademarks are thus protected with higher efficiency.
ii. Information Oriented: the Investigation Brigade has been dedicated to the building of information oriented investigation. The Brigade is committed to collect various information through different channels, to identify any possible infringement to the famous international trademarks by selling fake products.
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