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ARTICLE · 28 OCTOBER 2011

Criminal Liability: the Last Resort for Trademark Protection

Criminal sanctions have been imposed on a Chinese national found to have supplied counterfeit goods.

ChinaIntellectual Property
Xiao Yuexin
Xiao Yuexin
Connie Zhuang
Connie Zhuang

Liu Zhaolong, a Chinese national, was found to have purchased raw wine, bottles, bottle caps, labels, bottle capping equipment and other illegal materials and tools, and manufactured counterfeit wines imitating Chivas, Remy Martin, Ballantine's, Jack Daniels, Martell, Hennessy, Royal Salute and other famous wine brands. Liu filled the counterfeit wines and distributed them to several cities in China, the illegal turnover of which has been over RMB 200,000 (around US$31,250). As a result, Beijing Daxing District Court found that Liu Zhaolong had violated the provisions of Article 213 of the Criminal Law of China and committed the crime of counterfeiting a registered trademark.

Pursuant to the judicial interpretations jointly issued by the Supreme People's Court of China and the Supreme People's Procuratorate of China in December 2004, a person who uses a mark identical to a registered trademark on the same type of goods without permission, and either has an operational

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