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¡¡ Adidas
Case Study Agency/Agencies Quanzhou
City Technical Supervision Bureau; Fujian Provincial Technical Supervision
Bureau; Fujian Provincial Public Security Bureau, Social Order Team; State
General Administration for Quality Supervision, inspection and Quarantine,
Department of Supervision and Procuration, Ministry of Pubic Security,
Social Order Bureau, Division 6 Case In
October, 2000, Fujian Jinjiang HUIFU SHOES CO., LTD. was found to
counterfeit adidas sports shoes. It was raided by Quanzhou TSB on November
23, 2000 with a seizure Of 23,063 pairs of finished counterfeit adidas
sports shoes, 6,250 pairs of semi-finished uppers, packaging cartons marked
with adidas and some moulds. The value of the products concerned was
affirmed to be RMB2,573,304 by the court of the first instance and the
second instance. On
November 23, 2000, Quanzhou TSB raided Fujian Jinjiang HUIFU SHOES CO., LTD.
With a seizure of 23,063 pairs of finished counterfeit adidas sports shoes,
6,250 pairs of semi-finished uppers, packaging cartons marked with adidas
and some moulds. In February 2001, Quanzhou TSB transferred the case to
Jinjiang PSB for filing and further investigation. On February 18, the
general manager, Zhu Xiaofang, was criminally detained and subsequently
arrested on March 15. On
September 25, Jinjiang People¡¯s Court ruled that both HUIFU SHOES CO.,
LTD. And Zhu Xiaofang had committed the crime of count6rfeiting regist8red
trademarks. A penalty of RMB100,000 was imposed on the work unit. Zhu
Xiaofang was sentenced to 3 years in prison and a fine of RMB50,000. The
seized count6deit sports shoes were
confiscated. The defendant appealed to Quanzhou Intermediat6 People¡¯s
Court. On November 29, 2002, Quanzhou Intermediate People¡¯s Court made the
finial sentence that both HUIFU SHOES CO., LTD. And Zhu Xiaofang has
committed the crime of counterfeiting registered trademarks. A penalty of
RMB100,000 was imposed on the work unit, and Zhu Xiaofang was sentenced to
thirty months in prison and a fine of RMB50,000. The seized counterfeit
sports shoes were confiscated. Results 1) The
defendant work unit, HUlFU SHOES CO., LTD. Committed the crime of
counterfeiting registered trademarks and was fined RMB100,000. 2) The
defendant, Zhu Xiaofang, committed the crime Of counterfeiting registered
trademarks and was sentenced to thirty months in prison and a fine of
RMB50,000. 3) The
seized counterfeit sports shoes were confiscated. Why
is this case unique? The
local TSB successfully transferred the case to the PSB. The strong
supervision from State PSB and State TSB pushed forward the case and finally
led to the conviction of the counterfeiter. ¡¡ |
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