"Our products are infringing
What materials do I need to prepare to report the crime?"
"How do I get manufacturing?
Evidence of infringing products?"
"How to buy so that it will not be discovered by infringing merchants?"
It has become the working habit of the intellectual property police officers of Qiantang Public Security to open the online platform of "Security Enterprise and Common Prosperity" of the Zhejiang Office, pay attention to new infringements, and answer questions for enterprises and the masses.
On April 26 last year, Zhejiang Province innovatively established a team of intellectual property police liaison officers (hereinafter referred to as "intellectual property police officers"), and on March 1 this year, the "Zhejiang Provincial Regulations on Optimizing the Business Environment" was officially implemented. To strengthen the criminal protection of intellectual property rights and help optimize and improve the business environment, provinces and municipalities have made simultaneous efforts, and the Qiantang Public Security Department has established a multi-level intellectual property protection system to deal with the infringement of intellectual property rights of enterprises in a timely manner.
Have a late-night snack and dig out a major infringement case of over 100 million yuan
"I didn't expect my 'occupational disease' to play a big role. Hu Lidong, a police officer of the Environmental and Food and Drug Crime Investigation Brigade of the Qiantang District Public Security Bureau, as an "investigation and crackdown" intellectual property police officer, can even "dig up" a hidden clue to intellectual property crime even after a supper.
At the beginning of September last year, Hu Lidong went to a northeastern local restaurant for supper, looking at the flames rising high in the kitchen, and his work habits dictated by his work habits, he studied the needles on commercial gas stoves. "Is it 1 needle or 2 needles?" When I got closer, there was only one "ignition needle", and there was no "flame extinguishing needle", so in the event of an accidental flameout, the gas path could not be cut off, and there was a danger of gas leakage.
At that time, the province was carrying out a special rectification of gas safety "black gas" investigation and handling actions, in-depth investigation of "problem bottles", "problem valves", "problem stoves" and other gas appliance safety violations and crimes. Out of the "intuition" of the IP police officer, Hu Lidong smelled the "dangerous smell" of commercial gas stoves without flame-out protection devices.
Following the line all the way, Hu Lidong followed the production address on the gas stove packaging box and found a suspected production plant. After grasping the basic situation, the Qiantang public security immediately set up a special task force of more than 60 people to crack down on "problem stoves" and went to the production site to collect the net in a centralized manner. administrative buildings, workshops, warehouses, staff dormitories...... The park covers an area of more than 10 acres, and each of the 5 houses is above 3 floors.
"Here!" In an inconspicuous scrap warehouse, Hu Lidong led a team to discover more than 300 "problem stoves" hidden behind more than 3 meters of high waste, as well as account records with nearly 10,000 "problem stoves".
After investigation, the suspect knew that the gas cooker produced did not meet national safety standards, but still produced and sold it in his manufacturing plant, with a sales network all over the country, and the amount involved amounted to more than 110 million yuan. The city's first case of production and sales of fake and shoddy commercial gas stoves has been cracked!
In the farmhouse, the key suspect of "marking" was found
Different from cracking down on and investigating counterfeit and shoddy products, the "rule of law-guaranteed" intellectual property police officers are mostly in contact with trademark infringement cases.
"There are subtle differences like the size, proportions, fonts, and even the placement of the markings. Zhang Lin, a police officer from the Legal Brigade of the Qiantang District Public Security Bureau, said that the identification of trademarks is a science, and finding the items involved in the case and the key suspects is the key to conviction.
During the Asian Games last year, a well-known bath bomb company in Qiantang suffered trademark infringement. Following the idea of "cracking down on the whole chain" of sellers and manufacturers provided by the "rule of law" IP police officer, the "investigation and crackdown" IP police officer started with the online return address and finally found a small workshop that produced counterfeit products. There are headlamps, covers, switches, wires and other parts scattered everywhere on the ground, and there are fake and shoddy products that have been marked well in the production workshop, but there are only assembly equipment on site, and there is no marking equipment.
Following the clues, the IP police officers found the key person in the case in a farmhouse 1 km away from the small workshop.
"If the suspect had not been found, and the marking machine was later destroyed by him, the case was hanging. According to the police handling the case, when they rushed into the room, a "marker" was skillfully operating the computer and using the marking machine to engrave two large imitation trademarks.
The core personnel were arrested one after another, but because the price of the counterfeit bath bombs in the small workshops involved is generally not high, how to complete the evidence collection as soon as possible is the key. In the group chat of the "Qiantang Intellectual Property Squad", Li Chunfang, a "planning and design" intellectual property police officer and instructor of the Environmental and Food and Drug Crime Investigation Brigade of the Qiantang District Public Security Bureau, "patted" the prosecutor Xu Huan: "Don't stick to how many fake bath bomb stocks are left at the scene of the crime, it is recommended to start with the sales amount and focus the evidence collection point on the number of sales orders in the online store." After that, the police checked more than 2,000 purchase records through the online store and the small workshop transaction ledger, with a sales amount of more than 500,000 yuan, and the case was finally successfully transferred to the district procuratorate for prosecution.
Quick anti-contact group to solve the difficulty of enterprise rights protection
"In terms of copyright, the biggest problem we encounter is similar infringement and similar infringement, the cost of rights protection is large, the attribution is difficult to clarify, and it is difficult to recover civil rights. A "big intellectual property owner" with more than 3,000 doll copyrights said that enterprises on the road of intellectual property rights protection hope that the public security organs and other law enforcement departments will give strong support to prevent more infringements.
The Qiantang District Public Security Bureau gave a set of operational guidelines for intellectual property rights protection by holding a business exchange symposium in the field of intellectual property, which listed necessary materials such as a description of the reporting situation, appraisal report, trademark registration certificate, power of attorney, etc., to tailor an intellectual property protection plan for enterprises and facilitate them to use when reporting and protecting their rights.
To crack down on infringement and optimize the business environment, a "quick counter-contact group for intellectual property" has made great contributions. The members of this group are all backbone elites of the public security, procuratorates, courts, market supervision bureaus, and civil affairs, culture, tourism and sports bureaus, and they rely on mechanisms such as detailed combing, clue transfer, consultation, research and judgment, case handling cooperation, and linkage disposal to promptly solve difficult pain points such as the identification of counterfeit registered trademarks, the fixation of evidence for online platform sales, and the characterization of trade secret infringement, and deepen the connection between "civil, practical, and criminal" in the field of intellectual property. Since the establishment of the IP police team, a total of more than 10 clues of various types of IP have been transmitted, and 8 IP cases have been cracked, involving an amount of 350 million yuan, forming an overall joint force for intellectual property protection.
"Now the company has successfully reported cases in Beijing, Shanghai, Guangzhou, Guilin and other places, and the local market supervision departments have accepted the case as soon as possible, investigated it at the first time, and punished it at the first time. Manager Han, the person in charge of a doll company, said.
Source: China News Network