Fuzhou Anti-Counterfeiting Company Anti-Counterfeiting Query Fuzhou Anti-Counterfeiting Lawyer

Fuzhou Anti-Counterfeiting Company Anti-Counterfeiting Query Fuzhou Anti-Counterfeiting Lawyer
Introduction: Producers and sellers of counterfeit goods, for the purpose of making illegal profits, violating national laws and regulations, and infringing on other people's intellectual property rights, are acts of producing and selling counterfeit goods. Anti-counterfeiting is a systematic project for the whole society. The whole society should participate in combating counterfeit and shoddy products. The main manifestation of anti-counterfeiting is that the government... Introduction
The behavior of producers and sellers of counterfeit and substandard goods for the purpose of illegal profit, in violation of national laws and regulations, and infringement of other people's intellectual property rights is the act of producing and selling counterfeit goods. Anti-counterfeiting is a systematic project for the whole society. The whole society should participate in combating counterfeit and shoddy products.
The main manifestations of anti-counterfeiting include government anti-counterfeiting, consumer anti-counterfeiting and enterprise anti-counterfeiting.
The fight against counterfeiting comes with the production and sale of counterfeit goods.
The existence of counterfeiting is due to five reasons: the inducement of huge profits, loopholes in the legal system, government inaction, corporate weakness, and consumer trends.
The solution to the problem of counterfeiting is for enterprises to strengthen technology research and development, improve product competitiveness, and consumers to increase their awareness of intellectual property protection and their ability to identify counterfeit products, and to unite all social forces to severely crack down on counterfeiters.
Methods to fight counterfeiting
Criminal investigation and prosecution
Almost all companies involved in the fight against counterfeiting believe that domestic penalties for producing and selling counterfeit goods are too light as a core problem in the current fight against counterfeiting. Light penalties will not only make the crackdown on counterfeiting lose its due deterrence, but will also lead to the whole society's tolerance of counterfeiting, encourage local protection and departmental protection, and even give rise to the bizarre theory that counterfeiting can develop the local economy.
Zhang, chairman of the Quality Brand Protection Committee of the China Association of Enterprises with Foreign Investment, believes that only by strengthening the criminal investigation and punishment of counterfeiters and their collaborators can the problem of counterfeiting and counterfeiting in China be effectively solved. Zhang Weian said that at present, from a legislative perspective, the biggest obstacle facing criminal prosecution is the lack of clear and appropriate legal provisions to determine whether the production and sale of counterfeit products constitutes a crime, or whether it should only be subject to administrative penalties such as fines and confiscation. The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights has established a global standard for pursuing criminal liability for criminals who produce and sell counterfeit products. That is, any counterfeiting case that reaches a commercial scale should be investigated for criminal liability. China's laws and judicial interpretations do not meet the above standards in this regard.
In addition, there are several interrelated practical problems that also hinder the criminal investigation and prosecution of counterfeiters by judicial agencies, including: lack of necessary manpower and material resources in the public security and prosecutorial departments, insufficient training for law enforcement personnel, local Protectionism prevails and there is a lack of coordination and cooperation between administrative agencies and the judiciary. The intervention of the public security organs and the investigation and evidence collection should begin after suspicion of illegal activities in the production and sale of counterfeit products arises, rather than after the criminal behavior meets the prosecution standards stipulated in the law. Zhang Weian believes that these specific operational issues are somewhat related to the above-mentioned legal issues regarding prosecution standards. Because the relevant criminal prosecution standards are unclear (for example, the law does not clearly define the method for calculating the value of counterfeit goods) or are too strict (for example, the law requires evidence to prove that counterfeiters have sold or manufactured counterfeit goods worth more than RMB 10,000), the administrative Agencies and judicial authorities often refuse to pursue criminal liability in cases of fraud.
The practice of substituting fines for punishment is also quite common: due to financial constraints and the drive for profit, as well as the vagueness and lack of precise restrictions in laws and regulations, law enforcement agencies often do not take seriously some suspected criminal fraud. Evidence collection investigations generally conclude the case by confiscating counterfeit products, confiscating illegal income, and imposing fines, without transferring the case to the public security agency.
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, the Xiangjun anti-counterfeiting team adheres to the creed of not doing evil and not assisting evil, adheres to the principle of lifelong confidentiality, and adopts a professional and rigorous case handling process. Move for sixteen years! In recent years, Xiangjun has handled a large number of administrative rights protection cases every year, ranking first among its peers in terms of both the number and quality of cases. For all types of infringement of clients’ intellectual property rights, Xiangjun has been able to promptly discover and stop all types of infringements of clients’ intellectual property rights, and effectively safeguarded clients’ rights. Legitimate interests.