Procuratorial Duties in Action: Advancing Comprehensive Intellectual Property Protection

Deep News
03/11

The Changsha People's Procuratorate, in collaboration with the Changsha Radio and Television News Center, has launched a series of reports focusing on the city's intellectual property procuratorial work. The initiative aims to share stories of how procuratorial organs protect intellectual property rights and foster development, thereby cultivating a social environment that respects and safeguards such rights.

In one case, ZOOMLION discovered counterfeit components bearing its brand on the market and reported the issue to public security authorities. Following an investigation, authorities uncovered hydraulic oil barrels and oil labeled with the "ZOOMLION" trademark in a warehouse in Yanshan County. The investigation revealed that Zhang, an operator in Yanshan County, had been producing and selling counterfeit hydraulic oil without authorization from ZOOMLION. Four individuals, including Han and Yang, purchased the counterfeit goods from Zhang and resold them at a markup to other customers. After the Yuelu District People's Procuratorate initiated a public prosecution and the district court heard the case, Zhang was sentenced to one year and two months in prison with a fine of RMB 120,000, while Han received a six-month prison term and a fine of RMB 40,000.

Counterfeit ZOOMLION-branded pistons were also found to be prevalent. Jia, the operator of a packaging printing plant, produced and sold outer packaging bags marked with the "ZOOMLION" registered trademark without authorization. Four individuals, including Meng, Xia, Zhao, and Ma, purchased these packaging bags, repackaged counterfeit ZOOMLION rubber pistons, and sold them to Xiao, who then resold the goods to customers. During the handling of this case, the procuratorial organ identified a typical "production-supply-sales" criminal chain and actively guided public security authorities to investigate upstream crimes. This led to the discovery of the source of counterfeit production, the arrest of 13 suspects, and the achievement of the goal to "target the source, dismantle the operation, and break the chain." Following a public prosecution by the Yuelu District Procuratorate, Jia was convicted of illegally manufacturing and selling illegally manufactured registered trademark labels, while Xia and Meng were found guilty of counterfeiting registered trademarks, and Xiao of selling goods with counterfeit registered trademarks. All received corresponding penalties and fines.

In the above two cases, five individuals, including Yang and Ma, actively returned their illegal gains, demonstrated remorse, voluntarily admitted guilt, and obtained forgiveness from the victim company. Based on these mitigating circumstances, the procuratorial organ decided not to prosecute them. However, as their actions constituted infringement and occurred in a different jurisdiction, the procuratorial organ actively pursued cross-regional reverse linkage procedures to ensure that the involved parties were neither wrongfully penalized nor let off lightly.

Zhan Jie, Director of the Intellectual Property Protection Office at ZOOMLION's Legal Department, stated that through comprehensive intellectual property procuratorial efforts, the procuratorial organ promoted administrative penalties by authorities in other jurisdictions against non-prosecuted individuals. This approach ensured fairness, strongly deterred offenders, and contributed to a broader framework for intellectual property protection.

Subsequently, the procuratorial organ communicated actively with ZOOMLION, supporting and assisting the trademark rights holder in filing a criminal incidental civil lawsuit. They advocated for defendants Xiao, Jia, Meng, and Xia to actively fulfill their compensation obligations. During the first-instance litigation, the procuratorial organ facilitated a settlement between the parties, leading ZOOMLION to withdraw the incidental civil claims against three of the defendants. For Xiao, with whom no settlement was reached, the Yuelu District Court issued a criminal incidental civil judgment, ordering him to compensate ZOOMLION RMB 150,000. This case marked the first criminal incidental civil lawsuit in Hunan's engineering machinery industry. By combining "criminal prosecution with civil claims," judicial resources were conserved, the company's rights were upheld, and a model for purifying the market environment was established, highlighting the significance of judicial protection. The handling of this case actively recovered losses for the rights holder, safeguarded the legitimate rights and interests of engineering machinery enterprises, and effectively optimized the rule-of-law-based business environment.

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