From an ordinary warehouse manager to a criminal standing in the defendant's seat, Zhuang's life turning point began with a momentary lapse of thought. Due to participating in the sale of counterfeit internationally renowned brand skincare products and cosmetics, the Longhua District Procuratorate in Shenzhen, Guangdong Province has filed a public prosecution. Recently, the court sentenced Zhuang to one year and two months in prison and fined him 100000 yuan for the crime of selling counterfeit registered trademark goods. In April 2023, Zhuang was hired as a warehouse manager and was responsible for recruiting employees, knowing that the skincare and cosmetics sold by his previous company (handled separately) were counterfeit registered trademark goods, in order to seek illegal benefits. In the span of 7 months, this seemingly ordinary warehouse became a key hub for the circulation of counterfeit goods - receiving, transporting, sorting, packaging, and shipping, forming a complete chain of operations. Thousands of counterfeit skincare products flowed into the market through these "invisible" channels. On November 9, 2023, the public security organs conducted a lawful inspection of the warehouse based on clues reported by the trademark owner (brand owner), and seized nearly 9000 suspected counterfeit skincare and cosmetics products on site. After being determined by the trademark owner, these seized goods were all counterfeit products. However, the handling of the case was not smooth sailing. The prosecutor of Longhua District Procuratorate found that although a large number of counterfeit goods were seized on site, key evidence such as the identification qualifications of trademark owners and the amount of sales have not been fully developed, which does not meet the standards for criminal filing. The key to handling such cases lies in building a complete chain of evidence, "said the prosecutor handling the case." We guide the public security organs to supplement evidence collection and sales records, fund flow, and require brand owners to provide complete proof of trademark ownership. "After supplementary investigation and commissioning a third-party price authentication center for evaluation, the market median price of the infringing goods involved reached more than 3 million yuan, far exceeding the criminal filing standard. Although it's just a job, I know these are counterfeit goods. ”Zhuang voluntarily admitted guilt and punishment after being arrested. On May 16th of this year, the Longhua District Procuratorate prosecuted Zhuang on suspicion of selling counterfeit registered trademark goods in accordance with the law. Recently, Zhuang was sentenced by the court in accordance with the law. With the development of the e-commerce industry, the demand for warehousing and logistics positions has surged. This case serves as a warning to us that it is not only the producers and sellers of counterfeit goods who need to bear legal responsibility, "the prosecutor reminded." The act of providing storage, transportation, shipping, and other assistance in sales despite knowing it is counterfeit goods also constitutes a crime. Every job position should uphold the legal bottom line
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Procuratorial Daily
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