SUMMARY:
After careful and meticulous investigations into Shenzhen Bao'an Chong Ming Fa Paper Printing Factory, Genuineways found that from 2002 to March 2003, the plant printed a large number of fake representations, packaging, etc of HP, Nokia, Motorola, etc. In March 2003, Genuineways on behalf of the right holder – HP filed a complaint with Bao'an Administration for Industry and Commerce, which conducted a prompt raid action against the plant, seizing 21,000 counterfeit HP cartridge boxes and a large number of boxes of other brands on the spot. Under the requirement and coordination of Genuineways, the case was transferred to Bao’an Public Security Bureau for further criminal investigation procedures. In December 2003, the People's Court of Bao’an decided that HONG Shaoquan (the legal representative of the plant from Taipei County, Taiwan) breached the provisions of Article 215 of the Criminal Law and was sentenced to one year and a fine of CNY10, 000.
The case was highly regarded by Quality Brands Protection Committee as a Best Case in 2003-2004.
COMMENTS:
The plant was well equipped and run by a Taiwan businessman who had complex local relationships. The plant counterfeited a large number of high-degree-similar trademark representations and packaging materials of many famous international brands, causing serious social harms.
Genuineways, by a careful and meticulous preliminary investigation, mastered substantial first-hand materials, setting a solid foundation for smooth progress of the case. In the raid, Genuineways, AIC and PSB, under close cooperation, conquered various interferences, conducted the raid and transferred the case promptly, which successfully prevented the suspect from fleeing abroad and brought him to justice.
The successful prosecution of the suspect’s criminal responsibility set a great example showing the determination and ability of the local law enforcement agencies and judiciary in the struggle against counterfeiting in a more complex circumstance. The verdict of guilt and sentence also imposed a considerable deterrent effect among other local counterfeiters.
