On January 6, Changchun citizen Ms. Xia suddenly summoned the court. The judge said that she was arrested by the lock manufacturer for allegedly selling the fake lock. Ms. Xia had previously opened a supermarket, but she had already gone out in October last year. She couldn’t think that selling a few locks would cause such a thing. defendant: The supermarket received a subpoena after redemption Ms. Xia has been doing small business since she arrived in Changchun. In September 2012, she exchanged a supermarket near the intersection of Lingdong Road and Dongsheng Street in Erdao District, Changchun City. The benefits were not bad. In October 2013, due to the change of personal investment projects, she exchanged the supermarket and switched to other business projects. However, a subpoena of the court made her contact with the supermarket. Ms. Xia recalled that when she heard that the content of the subpoena was related to the sale of the lock in the supermarket she had operated, she did not care too much, but the closer she was to the court, the more panicked her heart was. In order to find out the reasons for her accused, she found the judge of the Changchun Intermediate People's Court to understand the situation. "The judge told me that the plaintiff was Yantai Sanhuan Lock Industry Group Co., Ltd. because my supermarket was suspected of selling fake three-ring locks. In addition, there are dozens of defendants in Changchun City, and other families have reached a settlement agreement with the manufacturers and made compensation." According to the content of the civil complaint, the plaintiff was Yantai Sanhuan Lock Industry Group Co., Ltd., asking her to compensate for economic losses and reasonable expenses of 15,000 yuan. On the morning of February 27, the case of trademark infringement dispute was held in the Intermediate People's Court of Changchun City. The case is still under trial. question: Why not sue the counterfeiters How did the manufacturer get the evidence? Ms. Xia said that the judge told her that the factory commissioned lawyers and staff of the notary office bought a fake three-ring card lock in the supermarket operated by Ms. Xia in August 2013, and then the on-site notarization reservation was performed by the staff of the notary office. Evidence, "The judge also told me that as long as I can provide fake goods online, then I will not be legally responsible." Ms. Xia said that the lock was not her, but the original supermarket. I didn’t care too much at the time, and I wouldn’t distinguish between true and false. “After the supermarket’s operation for one year, the receipts for these locks are also I got rid of it, I didn’t know where it was, and the owner of the supermarket couldn’t get in touch.†According to Ms. Xia, two supermarkets in Erdao District were also sued by manufacturers for selling fake three-ring locks. The two supermarkets basically agreed to reconcile with the manufacturers. On the morning of February 27, Mr. Yang, the owner of one of the supermarkets, also came to the court. He reached a settlement agreement with the agent of the manufacturer and compensated the manufacturer for 5,000 yuan. Ms. Xia questioned that there were a number of retailers in Changchun that were similar to supermarkets selling locks. “Why don’t manufacturers sue fake lock wholesalers or manufacturers?†The judge reminded the majority of operators that the legitimate source of goods is not only to provide a simple receipt, but to make a reasonable review obligation when purchasing goods, including whether the family has the business qualification to sell the goods, whether to provide formal invoices or Whether the evidence, the price is reasonable, etc., "If the operator has such awareness, it may not be able to spread such a lawsuit. Even if he is sued, he will not be legally responsible." factory: Our company has been severely affected With the doubts of Ms. Xia and other defendants, the reporter went to the headquarters of Sanhuan Company in Yantai City, Shandong Province. The deputy general manager of Yuxing, who is responsible for defending the rights and anti-counterfeiting, introduced the reasons for the rights protection of Sanhuan Company. He said that Sanhuan has a history of 84 years. In January 1999, the Trademark Office of the State Administration for Industry and Commerce identified the company's "Three Rings and Graphics" trademark as a well-known trademark, and it is a national brand with independent intellectual property rights. “A few years ago, there were three large enterprises producing locks in China, one in Shanghai and one in Inner Mongolia. They were all closed down by fakes.†He gave an example. Around 2000, Sanhuan’s annual sales in Henan Province. The amount is about 10 million yuan, and now the annual sales are less than 2.5 million yuan. "According to our investigation, the three-ring locks currently on the market, especially the padlocks, are conservatively estimated to be half of all fake, our company has been seriously Shock!" Initially, the company sent more than 20 anti-counterfeiting personnel, with the cooperation of local public security and industry and commerce, and went all over the country to crack down on the market with counterfeit goods. Later, because of the increased cost of anti-counterfeiting, there are only 10 anti-counterfeiting personnel left and two in a group, working more than 200 days a year. "Because of the hard work of anti-counterfeiting personnel, through legal proceedings against counterfeiting and sales, in the areas where locks are more serious, the court can sentence three or four counterfeiters every year. The lawsuits in the last three or four years have played a very good role. The role of." Yu deputy general manager said. dialogue The lawsuit is to find a fake chain Reporter: Recently, Sanhuan Company has brought a number of retailers like supermarkets to court in Changchun City and Jilin City of Jilin Province. Many defendants believe that the company should find the source of counterfeiting. Spearheads pointing to retailers, is there any suspicion of malicious litigation? Yu: At present, Sanhuan has indeed sued some retailers in the three northeastern provinces, but the purpose is to allow retailers to provide purchase channels through prosecution, and then master the chain of fraud and find fake lock wholesalers and manufacturers. If these retailers can tell the purchase of the home, prove that it is a legal channel to purchase, then they have no legal responsibility. The premise is that these retailers do not know that the locks sold are fake locks. Reporter: Some of the indicted zero dealers said that the third ring company did this, who would dare to sell the "three ring" lock in the future? Yes : The situation of retailers being defamed does exist, but as far as we know, this situation only accounts for about 10%. For retailers, the purchase price of real locks and fake locks is much different. The lock industry is a meager profit industry. For a lock of two or three dollars, our profits will be a few cents. When retailers buy fake locks, the purchase price will be a few cents. Do they really don’t? Do you know that the lock you sold is fake? Reporter: Some of the indicted retailers also believe that Sanhuan wants to make money through trademark infringement lawsuits. Is that true? Yu: This is absolutely impossible. Before we litigated, we had to conduct a large number of investigation and evidence collection work. For example, the way to collect evidence is to directly involve lawyers or staff of the notary office. The fees for lawyers and notaries are very large. cost of. At the same time, if the indicted retailer is a black household, there is no way to sue; if the indicted retailer says it is online, then he is not liable. In addition, the 10 anti-counterfeiting personnel who are rushing outside are not more than 500,000 yuan a year for transportation and accommodation. The amount of compensation for the prosecution is far lower than the cost of anti-counterfeiting expenses. Pressure Measurenment,Air Pressure Gauge,Pressure Meter,Hydraulic Pressure Gauge Wuxi Winsun Automation Instrument Co., Ltd , https://www.winsunwx.com
"I don't know how the court will judge." At 10:40 on February 27, Ms. Xia, who ended the trial, walked out of the door of the Changchun Intermediate People's Court. The husband next to her comforted her from time to time...