June 30, 2022

Volume XII, Number 181

Advertisement
Advertisement

June 29, 2022

Subscribe to Latest Legal News and Analysis

June 28, 2022

Subscribe to Latest Legal News and Analysis

June 27, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

3-Year Prison Sentence Affirmed for 3M Mask Counterfeiter in Shanghai’s Third Intermediate People’s Court

On March 25, 2022, the Shanghai Third Intermediate People’s Court announced the affirmance of an earlier ruling sentencing defendant Wu XX to 3-years imprisonment and a 100,000 RMB fine (~$15 thousand USD) for counterfeiting a registered trademark of 3M on masks. In a larger case last year, the same court upheld a sentence of 4.5-years imprisonment for counterfeiting registered trademarks for 3M on masks. The number of seized counterfeit 3M registered trademark masks in the instant case were about 1/10 of last year’s case but the prison sentence was still relatively lengthy at 3 years.

Since October 2020, Wu teamed up with others to use illegally produced “3M” 1860, 1870 and other types of masks in a factory building in a city in Guangdong Province without the authorization of the right holder. Masks were spray-painted and printed with registered trademarks of “3M”, and some illegally produced masks were delivered to Liu and others. On March 16, 2021, investigators arrested Wu and seized more than 100,000 fake “3M” registered trademark masks and printing molds in the above-mentioned factory. In view of the facts, nature, circumstances and the degree of harm to society of Wu , the court of first instance sentenced Wu Moumou to three years imprisonment and a fine of RMB 100,000 for the crime of counterfeiting a registered trademark. Illegal gains were recovered, and commodities, packaging, and criminal tools used to produce the counterfeit registered trademarks were confiscated. Wu appealed.

The Shanghai Third Intermediate People’s Court held that the appellant Wu XX, together with others, used the same trademark as the registered trademark on the same commodity without the permission of the owner of the registered trademark.   Accordingly, the Court upheld the lower court’s decision.

In the announcement, the Court stated,

 In this case, the appellant Wu XX collaborated with others to produce counterfeit 3M masks, which not only violated the legitimate rights and interests of the registered trademark owner, 3M Company, but also brought potential safety hazards to the lives and health of consumers. Its illegal operation generated far more than 250,000 RMB. According to the law, it belongs to “especially serious circumstances” and constitutes the crime of counterfeiting registered trademarks. The Shanghai No. 3 Intermediate People’s Court fully exerted its intellectual property criminal adjudication function, strictly protected intellectual property rights, severely cracked down on epidemic-related crimes, and safeguarded the lives, health and safety of the people.

This rationale is similar to that stated in the earlier case and explaining the relatively lengthy prison sentence.

The full text of the announcement is available here (Chinese only).

© 2022 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XII, Number 84
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Senior Attorney and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software,...

408-278-4059
Advertisement
Advertisement
Advertisement