Hangzhou anti-counterfeiting company credit inquiry Hangzhou anti-counterfeiting lawyer

Hangzhou Anti-Counterfeiting Company Credit Inquiry Hangzhou Anti-Counterfeiting Lawyer
Strengthening Criminal Investigation and Prosecution Almost all companies involved in the anti-counterfeiting industry believe that domestic penalties for counterfeiting production and selling are too light as a core problem in the current anti-counterfeiting work. 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. Strengthen criminal investigations and prosecutions
Almost all companies involved in the anti-counterfeiting effort believe that domestic penalties for producing and selling counterfeit goods are too light as a core problem in the current anti-counterfeiting work. 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 standards for criminal prosecution 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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