"Transformation and Application of Intellectual Property Rights to Promote High-quality Development" is the theme of this year's National Intellectual Property Publicity Week. At the beginning of the year, the Supreme People's Procuratorate issued a special action plan for "procuratorial protection of enterprises".
Protect registered trademarks and enhance brand competitiveness
"The high-end liquor I bought online doesn't look like a fake on the outside, but the taste of this wine is wrong," said Cui, a consumer, who reluctantly told the public security organ about the purchase of fake liquor.
In October 2023, Cui was in full swing to prepare for his son's wedding, and after being introduced by a friend, he purchased 5 boxes of high-end wine from Zhang, and the night before the wedding, Cui happily took out these liquors to feast relatives and friends from afar.
After investigation by the public security organs, it was found that the suspect Zhang got acquainted with Luo Mou, a counterfeit dealer in Hubei Province (who had been sentenced), at a tobacco and alcohol fair, and learned that he was selling counterfeit famous wine, and Zhang, who knew that the high-end famous wine market was hot, found a huge "business opportunity", so from February 2022 to October 2023, he bought a large number of counterfeit famous wine from Luo at a very low price and sold it in Jilin City to obtain huge profits.
"Enterprises do not have a strong awareness of intellectual property protection, and it is necessary to clarify the necessity of operators and businesses to operate in good faith and standardize business behavior. ”
The day before yesterday, the court openly tried the case in accordance with the law, and the Fengman District People's Procuratorate invited some business representatives in the jurisdiction to observe the trial, and explained the relevant provisions to the defendant Zhang and the business representatives during the trial. In the end, the court sentenced the defendant Zhang to one year and six months in prison and a fine of 50,000 yuan.
With the rapid development of the mainland economy, the problem of intellectual property infringement crimes has become more and more prominent, and Cui's experience is not unique, and the prosecutor found that such cases occurred in the past three years in combination with the intellectual property criminal cases handled by this court in the past three years, and the cases occurred in such cases were all sold to the region through the Internet by non-local actors, and consumers immediately reported to the police if they found abnormalities after receiving the goods. In the face of an increasingly complex intellectual property environment and fierce market competition, enterprises need to continuously improve their independent innovation and brand competitiveness.
In March 2024, the Fengman District People's Procuratorate, together with the District Market Supervision Bureau and the District Public Security Bureau, carried out a public centralized destruction of counterfeit liquor seized by Jilin Provincial Solid Waste Treatment Co., Ltd., and invited people's supervisors to participate in the whole process. A total of more than 10 high-end brands of liquor, such as Moutai, Wuliangye, Jiannanchun, and Tianzhilan, were destroyed during the event, with a value of more than 210 yuan. This public centralized destruction of counterfeit and shoddy products is the first time in Jilin.
On April 26, on the occasion of World Intellectual Property Day, the prosecutor of the People's Procuratorate of Fengman District, together with the Market Supervision and Administration Bureau, went to the densely populated shopping malls in the jurisdiction to carry out publicity activities for intellectual property protection, and publicized the concept of intellectual property rights and the significance of protecting intellectual property rights to the public through the distribution of publicity materials, case explanations, and identification of trademark logos, as well as rights protection channels, so as to guide the public to eliminate the purchase of infringing goods in the process of consumption and effectively protect their legitimate rights and interests.
Protect game copyright and safeguard the legitimate rights and interests of enterprises
"I'll recommend you a game page entrance, the same as the genuine game screen, you register an account, we can do tasks together", this is a gamer's conversation recommending a "private server" online game to a friend. In April this year, the Fengman District People's Procuratorate intervened in two cases of "private server" infringement of intellectual property rights in advance in accordance with the law, although the "game private server" has a high degree of similarity with Internet game works in terms of game login entrance, game screen, characters and background features, etc., but the low price of game props and the short upgrade time make "private server" a "bright spot" that attracts a large number of gamers.
This kind of Internet game works that are legally published and copyrighted by others without permission or authorization, seek benefits and infringe on the interests of others by modifying the work data, setting up servers without permission, and making game recharge cards. The Fengman District People's Procuratorate guided the public security organs to continue to investigate and collect evidence in accordance with the law, and at the same time actively promoted the compensation and settlement between the two parties, recovering more than 200,000 yuan of economic losses for the enterprise.
The protection of geographical indications contributes to the development of regional economies
The brand value of geographical indications lies in the recognition of the unique attributes or quality of products in a specific region by consumers, so branded agricultural products with geographical indications will have better market recognition and satisfaction, not only become a resounding business card of the region, but also continue to support the high-quality development of agricultural products.
Jilin Chaoliang Changbai Mountain Forest Frog Farm, is a production and sales of forest frog enterprises in Fengman jurisdiction, founded in 1999, was named "Jilin Province using geographical indications to protect product indication enterprises", has now developed to have forest frog farms, forest frog product processing plants, forest frog research institutes and sales companies, set forest frog breeding, technology research and development, technology promotion, product processing and sales in one of the country's large forest frog industry company.
"The quality of the frog oil produced in our place is good, it is a good thing for food supplements, and it can not be bought in other places, and many friends in the south ask people to come to me to buy it", the business operator proudly showed the goods to everyone.
On April 26, the People's Procuratorate of Fengman District, relying on the inspection service station, had an in-depth understanding of the operation of the enterprise, listened carefully to the achievements of the enterprise in the field of intellectual property, explained in detail how the enterprise protects its independent intellectual property rights and the prevention of infringement legal risks from the perspective of judicial practice, and conducted in-depth exchanges on how to continue to focus on the judicial needs of enterprise innovation and empower the high-quality development of enterprises with accurate procuratorial services.
Strengthening the protection of intellectual property rights is an intrinsic requirement and an important guarantee for the development of new quality productive forces. In the future, the Fengman District People's Procuratorate will continue to strengthen the integrated performance of duties, comprehensive performance of duties, and active performance of duties, and cooperate with relevant administrative organs to adopt a variety of legal protection measures such as production quality supervision and investigation of case clues, so that enterprises can feel the power of the rule of law and inject procuratorial power into regional economic development.
Audit/Bi Lianwu
Editor-in-charge/Liu Juntong
Editor/Bo Xiangfeng