Recently, the Procuratorate of the Autonomous Region released the "2023 Typical Cases of Intellectual Property Prosecution and Protection in the Autonomous Region", including 7 criminal cases and 3 public interest litigation cases. Three public interest litigation cases have been released.
directory
8. Administrative public interest litigation case of the People's Procuratorate of Huimin District, Hohhot City, urging the protection of intangible cultural heritage
9. Administrative public interest litigation case for the protection of the geographical indication of "Tuoxian chili pepper".
10. "Bikqi Green Onions" Geographical Indication Product Planting Environmental Protection Criminal Attached Civil Public Interest Litigation
Case 9
Administrative public interest litigation case for the protection of geographical indications of "Tuoxian chili pepper".
【Keywords】
Pre-litigation procedures for administrative public interest litigation Comprehensive performance of duties Support for prosecution
[Basic facts of the case]
"Tuoxian pepper" is produced in a slip bay on the bank of the Yellow River in Tuoketuo County, Hohhot City, with a long history of cultivation, and its shape is like a lantern, so it is named "lantern red". This kind of pepper is fresh in color, thick in flesh, and the fruit is rich in vitamin A and vitamin C, which has gradually formed a business card of special agricultural products in Tuoketuo County. In 2008, the Tuoketo County Chili Association was officially established. In 2010, "Tuoxian Pepper" applied for registration as a national geographical indication certification trademark.
The Tuoketuo County People's Procuratorate (hereinafter referred to as the Tuoketuo County Procuratorate) found that "Tuoxian Pepper", as a local characteristic brand, has problems such as chaotic use of geographical indications, inadequate management, and lagging brand building. There are a large number of counterfeit "Tuoxian pepper" products in the market, which not only squeezes out the market share of geographical indication products, but also infringes on the rights and interests of enterprises in the relevant industrial chain. At the same time, due to the high market attention of the "Tuoxian Pepper" brand in the surrounding areas, counterfeit products infringe on the legitimate rights and interests of consumers, resulting in the infringement of social and public interests.
[Performance of duties by procuratorial organs]
In September 2023, the Tuoxian County Procuratorate took the initiative to visit the Tuoketuo County Pepper Association, and through holding a symposium, it learned about the current situation of the protection of the geographical indication of "Tuoxian Pepper", and found that the market of "Tuoxian Pepper" geographical indication was chaotic, and the relevant administrative supervision organs were negligent in performing their duties. On October 31, 2023, the Tuoxian County Procuratorate filed the case as an administrative public interest lawsuit. On November 14, 2023, the Tuoxian County Procuratorate issued a pre-litigation procuratorial recommendation for administrative public interest litigation to the Tuoketuo County Market Supervision and Administration Bureau (hereinafter referred to as the Tuoxian Market Supervision Bureau), suggesting that the organ fully perform its duties in accordance with the law, strengthen supervision and inspection of counterfeit geographical indication products, fraudulent use of special geographical indication signs, and trademark infringement, guide the standardized use of the "Tuoxian Pepper" geographical indication, and effectively strengthen the comprehensive protection of the "Tuoxian Pepper" geographical indication. After receiving the procuratorial suggestions, the Tuoxian Market Supervision Bureau attached great importance to it, performed its regulatory duties in a timely manner, and conscientiously rectified: first, it conducted a comprehensive inspection of the pepper merchants in the county and seized a total of 154 bottles (bags) of various infringing pepper products; second, it strengthened publicity and standardized the operation and sales of "Tuoxian pepper"; third, it formulated and improved the system to do a good job in the protection of the trademark rights of the national geographical indication certification trademark and related products. In addition, the Tuoxian County Procuratorate, the Tuoketuo County Public Security Bureau and the Tuoxian County Market Supervision Bureau signed the "Implementation Opinions on the Coordination Mechanism for Intellectual Property Prosecution and Protection" to contribute to the healthy and benign development of the county's economy.
Inner Mongolia Zhengmou Grain Food Co., Ltd. (hereinafter referred to as Zhengmou Company) is the licensee of the geographical indication certification trademark of "Tuoxian Pepper" and a key enterprise in the production of "Tuoxian Pepper". Although the company is in the stage of bankruptcy reorganization, it still files a civil infringement lawsuit against the infringing merchants, and at the same time submits a request to the procuratorate to support the prosecution. The Tuo County Procuratorate learned that Zheng Mou Company had difficulties in protecting its rights, and decided to support the prosecution on December 14, 2023. On March 19, 2024, the trademark owner Zheng and the infringer presided over the court to issue a mediation agreement.
【Typical Significance】
(1) Actively perform their duties and protect geographical indication products in accordance with the law. Local characteristic agricultural and sideline products contain the unique natural ecological environment and historical and cultural factors of the region, and the geographical indication certification trademark is conducive to ensuring the quality and reputation of local characteristic agricultural and sideline products, and helping to improve the market competitiveness of products. Procuratorial organs give full play to the advantages of the procuratorial function of intellectual property public interest litigation, urge administrative organs to strengthen administrative law enforcement, forcefully regulate the creditworthy operation of market entities, strengthen the construction of local characteristic brands, and promote the development of regional characteristic economies. (2) Use the function of supporting prosecution to carry out procuratorial and enterprise protection work. Deepen the comprehensive performance of intellectual property procuratorial duties, discover clues of trademark infringement in handling administrative public interest litigation cases, and explore the use of civil support for litigation methods to support rights holders in safeguarding their legitimate rights and interests and protect the market order of fair competition for enterprises with weak awareness of intellectual property protection and insufficient litigation capacity.
(Source: Inner Mongolia Procuratorate)
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