Take multiple measures to strengthen the intellectual property protection of famous liquor brands

2023-07-11

As a traditional famous liquor in China, Shanxi Fenjiu is a typical representative of light flavor Baijiu, enjoying high popularity and reputation among consumers at home and abroad, which also makes some lawbreakers look at the Fenjiu brand, and crimes of infringing the intellectual property rights of the Fenjiu brand occur from time to time, which not only damages the vital interests of enterprises, but also seriously damages the market reputation of Shanxi Fenjiu. In recent years, the Procuratorate of Taiyuan City, Shanxi Province, has been able to perform its duties according to law, anchored source governance, gathered the strength of enterprises, administration and justice, strengthened the regional coordinated protection of intellectual property rights of Shanxi Fenjiu brand, and achieved positive results. In 2022, Taiyuan Procuratorate carried out a special research on the protection of intellectual property rights of Fenjiu brand. According to statistics, from 2020 to 2022, Taiyuan procuratorial organs accepted 66 criminal cases involving 131 people who violated the intellectual property rights of the Fenjiu brand, of which 66 people were approved to arrest 36 cases and 87 people were prosecuted 42 cases. There are 47 cases of selling counterfeit registered trademarks, accounting for 71.2% of the total number of accepted cases, and it is the main type of crime of infringing on the intellectual property rights of Fenjiu brand. The specific characteristics are as follows: the number of criminal cases of infringing on the intellectual property rights of Fenjiu brand is increasing year by year. In 2022, 41 such cases were accepted, an increase of nearly four times compared to 2021, and even 64% more than the total number of cases accepted in 2020 and 2021. Among them, the crimes of selling counterfeit registered trademarks and the crimes of counterfeiting registered trademarks both reached historic highs, accounting for 87.8% of the total number of cases accepted in 2022. Counterfeiting dens are hidden in remote rural or urban areas, making infringement more covert. In order to avoid cracking down and reduce production costs, criminals often choose remote rural or urban areas to produce and sell counterfeit Fenjiu in the form of family or workshop. At the same time, the strategy of "producing while selling" is adopted to accelerate the frequency of shipments, reduce the number of orders, and make infringement more covert. The main criminal groups exhibit obvious regional characteristics. Among the 66 criminal cases of infringing on the intellectual property rights of Fenjiu brand, 41 cases were involving individuals from Lvliang, Shanxi, accounting for 62.1% of all cases. Among them, there were 21 cases involving people of Wenshui County in Lüliang, accounting for 51.2% of the criminals of Luliang nationality. The personnel in the surrounding area of Fenjiu production site are familiar with the production and production process of Fenjiu, thus becoming the main criminal group. Moreover, these personnel have close internal connections and have formed a gray industrial chain of counterfeiting and sales. Express delivery practitioners are involved in crimes. Among the 66 criminal cases of infringing on the intellectual property rights of Fenjiu brand, 12 cases sold counterfeit Fenjiu through express logistics, accounting for 18.2% of the total cases. For example, in the case of Hao Moumou and others selling counterfeit registered trademarks, the suspect Gao Moumou, as a courier, cooperated with Hao Moumou and others to sell counterfeit Fenjiu for a long time, which had a bad social impact. Through precise pulse analysis and research, it has been found that the main reasons for the high incidence of counterfeit Fenjiu crime in the production and sale of Fenjiu are as follows: the surrounding area of Fenjiu Group has formed a huge chain of counterfeit Fenjiu industry, making governance difficult. In recent years, the performance of Fenjiu Group has been continuously increasing, greatly stimulating the rapid expansion of the counterfeit Fenjiu industry

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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