Case Concerning a Factory Producing Counterfeit Sports Shoes in Jinjiang (Infringer: Company K, Lin, Wang)

Case Brief

Company K had been manufacturing sports shoes counterfeiting Company NK’s trademarks for a long time, and it sold counterfeits through various online and offline channels including domestic sale and exportation. On September 13, 2013, Jinjiang PSB seized 4,356 pairs of counterfeit NK sports shoes when inspecting Company K’s business premises and arrested the main principal Lin and Wang.

In the first instance tried by Jinjiang People’s Court, the defendant Company K was fined RMB 4,200,000; Lin was sentenced to imprisonment of four years and six months, plus a fine of RMB 4,200,000; Wang was sentenced to imprisonment of three years, plus a fine of RMB 400,000.        

Harvesting’s Action

As Company K had been long engaged in counterfeit production and sale, we kept surveillance over it, recorded data, and assigned investigators to pay special attention to Company K’s production performance. When Company K’s infringement was detected, we immediately reported brand owner and organized enforcement organ to take an efficient raid, which deterred its infringement and avoided loss of brand company.

After the case was transferred to review and prosecution, we assigned lawyer to follow up the case as the agent ad litem, monitoring the handling process of the Procuratorate and the court and cooperating with the enforcement organ to supplement all kinds of evidences. Finally the suspects and the company were prosecuted with severe criminal liabilities.        

Harvesting’s Perspective

Criminal raid action against severe infringement can effectively deter infringement and warn the infringer, which helps to achieve a more thorough right protection effect. However, it is incomprehensive to judge whether the case is an administrative or a criminal one singly by intervention of PSB or detention of a suspect. The result of a criminal case could change due to various factors.

Therefore, as the victim of intellectual property crime, it is essential for brand owner to timely assign lawyers to intervene the case, which will help to detect and supplement evidences left out in the PSB’s investigation; moreover, judicial organs will notice supervision from the victims and avoided more gray deals. Otherwise, all efforts in the previous criminal raid would possibly turn in vain, and rights and interests of brand owners will be left unprotected.