Coincidentally on the 23rd World Intellectual Property Day, as a prosecutor who has been engaged in intellectual property prosecution work, when it comes to my indissoluble bond with intellectual property protection, I have to mention my first independent criminal case of intellectual property infringement as a prosecutor. This case was rated as a typical case of intellectual property protection by procuratorial organs in 2018 by the Supreme Prosecutor. This is a case of selling counterfeit registered trademarks. S Company is a company that operates medical devices. When Li was the general manager from April 2016 to March 2017, he successively purchased 114 counterfeit high-frequency electric knife accessories from a well-known brand and sold them to the outside world, with a sales amount of over 140000 yuan. Later, multiple people reported the incident. After the incident, due to the fact that most of the items involved in the case had been sold and used, administrative law enforcement agencies only found 26 items at the scene, valued at over 20000 yuan. During this period, the administrative law enforcement agencies believed that the products sold could no longer be verified for authenticity, and that the case did not meet the evidentiary standards of a criminal case. Therefore, they believed that the case could not enter criminal proceedings and treated it as an administrative violation case, and imposed an administrative fine of 650000 yuan on Li. After learning about the clues of the case through the mechanism of connecting administrative law enforcement and criminal justice, the Tongzhou District Procuratorate of Beijing found that there was room for further investigation in the case, and therefore carried out supervision of the case filing. On July 9, 2018, Li was criminally detained by the Tongzhou Branch of the Beijing Public Security Bureau and later arrested with the approval of the procuratorial organs. In this case, the key issues in handling the case were how to determine the sales amount and how to determine the defendant's subjective knowledge, as the sold items had already been used and did not meet the conditions for identifying their authenticity. As a prosecutor handling the case, I insist on starting from objective evidence and carefully sorting out the case evidence. I found some anomalies in the massive sales record data of S company - many of the goods were sourced from the company and had clear purchase amounts, but some goods were concentrated from two individuals and the purchase amounts were all vacant. What's even more strange is that these goods from individuals happened to be high-frequency electric knife accessories involved in the case. I used this as a breakthrough point to guide the police investigators to continue collecting evidence, and ultimately found out that these two individuals did not have the authorization of the company. Li chose to confess and repent in front of evidence. In addition, after further investigation and evidence collection, I found that the S company operated by Li has legitimate business, and the selling of counterfeit goods is due to problems in the genuine shopping channel. In order to maintain customer base, I started purchasing counterfeit goods for sales, and the profit amount was used for unit operations. Based on this, the procuratorial organs determined that the act of selling counterfeit goods reflected the will of the unit and realized the interests of the unit, thus prosecuting S Company as a unit crime. On October 22, 2018, the Tongzhou District Procuratorate filed a lawsuit against S Company and Li on suspicion of selling counterfeit registered trademarks. On November 9th of the same year, the court sentenced S Company to a fine of 150000 yuan, sentenced Li to one year in prison, and fined 80000 yuan. In 2022, I was selected as a key talent in Beijing's intellectual property prosecution to the Intellectual Property Procuratorate Office of the Beijing Municipal Procuratorate, just in time for the implementation of the digital prosecution strategy. One day, at the beginning
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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