In February of this year, the court found that from the beginning of 2019 to September 2020, the defendant Chen had not obtained authorization from many wineries such as Kweichow Moutai Co., Ltd. and Jiangsu Shuanggou Wine Co., Ltd. , Leased venues, illegally produced and sold counterfeit liquors with the registered trademarks of these wineries, and the sales amount reached more than 270,000 yuan. The defendant Xu bought these fake wines from Chen and sold them on WeChat.
After the trial, the court made a first-instance judgment: defendant Chen was sentenced to three years and six months in prison for the crime of counterfeiting registered trademarks, and a fine of 250,000 yuan; defendant Xu was sentenced to the crime of selling goods with counterfeit registered trademarks Fixed-term imprisonment for one year and six months, suspended for two years, and fined RMB 100,000. At the same time as the sentence was imposed, the court issued a prohibition order: the defendant Xu was prohibited from engaging in activities related to the production and sale of food during the probation period.
Xue Juanjuan, deputy head of the Second Civil Tribunal of Nanjing Yuhuatai District People’s Court, said, “This case applies the prohibition order because the counterfeit registered trademark Xu sells is liquor, which belongs to the category of food. In order to ensure the safety of the people’s tongue, give full play to their knowledge. The deterrent effect of the criminal trial of property rights. In this case, the defendant was sentenced to liberty and property penalties. At the same time, the first intellectual property criminal prohibition order was issued against him to prevent re-offending."
If Xu violates the prohibition order, if the circumstances are serious, the suspended sentence will be revoked and the original sentence will be executed. The prohibition order will be enforced by Xu's community corrections institution, and the procuratorial organ will also supervise it. The judge stated that on the basis of the "prohibition order" stipulated by the Criminal Law, the Provincial Higher People's Court issued relevant documents in 2019 to clarify the specific circumstances under which the prohibition order applies.
