fuling

Jiangsu rich ling activist anti-counterfeiting finally settled

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[Abstract]:
In February 2007, unsaturated polyester resin fiberglass industry in northeast China, even the whole China industry report incidences dragonfly FRP materials plant in shenyang (later renamed the shenyang jie cheng composites agencies) in liaoning star co., LTD., the production of resin composite materials of fake fu ling jiangsu chemical co., LTD. "rich" brand resin to sell to the national key project - liaoning dahuofang water conveyance project (phase ii), after more than three years of litigation, finally settled! Liaoning province higher people's court in March 25, 2010 for the three final word no. 29 (2010) the liao people civil judgment decision is as follows: "to reject the appeal and upheld. A second trial court costs 2300 yuan, by the appellant (the original defendant) of shenyang jie cheng composites agencies burden. This decision is a final judgment."

After the case is like this: in December 2006, liaoning (phase ii) for the water conveyance project of dahuofang panjin section by tianjin tianlian composite materials co., LTD. (hereinafter referred to as tianjin tianlian company) panjin branch won the bid, the project owner to make clear a regulation with the raw material of unsaturated polyester resin must be specified by the owner including rich ling jiangsu chemical co., LTD. (hereinafter referred to as fu ling company), four well-known enterprises of resin.

After engineering construction, fu ling company with tianjin tianlian panjin branch signed a contract to supply, to supply its FL - F889 adjacent benzene structure layer between unsaturated resin, and the FL - 518 unsaturated benzene lining layer winding resin. Each shipment at the same time, fu ling companies in written fax to each brand, quantity and batch number of the shipment promptly notify the construction supervising units inspection.

On February 12, 2007, the construction supervising units at tongji university in Shanghai site supervision personnel file found in tianjin tianlian company branch into the 150 barrels of 33 tons with rich ling company certificate of FL - F889 unsaturated resin, but did not get rich ling company written fax, hence to fu ling company confirmed. Fu ling companies did not set up a file to the tianjin tianlian company branch that month shipment, someone to counterfeit, namely to panjin administration for industry and commerce on February 13 to report. Panjin administration of industry and commerce on February 14, in the afternoon to go to tianjin tianlian file company branch warehouse seized this batch of counterfeit products, excluding has 98 barrels, the remaining 52 barrels by industrial and commercial bureau to panjin, sealed at the compound.

Panjin administration after find out, the 33 tons of resin is the dragonfly FRP materials plant in shenyang (hereinafter referred to as the dragonfly materials plant, later renamed the shenyang jie cheng composites agencies) legal representative will be her husband as a legal representative of the liaoning superstar composite materials co., LTD. (hereinafter referred to as "star company") in the production of unsaturated polyester resin fake fu ling company "rich" brand resin to sell to tianjin tianlian file company branch is used for the water conveyance project of dahuofang.

Administration for industry and commerce on December 21, 2007, panjin made the plate of industrial and commercial place word (2007) no. 061 on the administrative penalty, the dragonfly materials plant exists infringement facts, shall bear tort liability, impose fines and compensation for the economic losses to the fu ling company. Dragonfly penalty, undelivered materials plant in panjin industrial and commercial bureau and other reason to bring administrative prosecution to panjin intermediate people's court.

Panjin intermediate people's court trial think in 2009, is the ministry of commerce and industry penalty for illegal by the people's court for canceling undelivered, program, but tianjin tianlian company parties record record, industrial and commercial personnel on-site inspection, examination and seized goods photo archive materials to justify dragonfly factory (i.e., jie cheng agencies) exist infringement facts, ruling dragonfly factory (i.e., jie cheng agencies) to the fu ling company compensation for economic losses.

Jie of faithful agencies refuses to panjin then ruling, the higher people's court in liaoning province. Provincial high court shall form a collegiate panel, public hearing on the trial. The court thinks, panjin then find out the basic facts are correct, jie cheng agencies of knowingly sell to tianjin tianlian file company branch of the resin is produced by the star company rather than a "rich" brand resin, its sales behavior constituted a "rich" of fu ling company registered trademark infringement, jie of faithful agencies deal with rich ling company undertake corresponding legal responsibility.

At this point, is the industry focus on "rights anti-counterfeiting
In February 2007, unsaturated polyester resin fiberglass industry in northeast China, even the whole China industry report incidences dragonfly FRP materials plant in shenyang (later renamed the shenyang jie cheng composites agencies) in liaoning star co., LTD., the production of resin composite materials of fake fu ling jiangsu chemical co., LTD. "rich" brand resin to sell to the national key project - liaoning dahuofang water conveyance project (phase ii), after more than three years of litigation, finally settled! Liaoning province higher people's court in March 25, 2010 for the three final word no. 29 (2010) the liao people civil judgment decision is as follows: "to reject the appeal and upheld. A second trial court costs 2300 yuan, by the appellant (the original defendant) of shenyang jie cheng composites agencies burden. This decision is a final judgment."
 
After the case is like this: in December 2006, liaoning (phase ii) for the water conveyance project of dahuofang panjin section by tianjin tianlian composite materials co., LTD. (hereinafter referred to as tianjin tianlian company) panjin branch won the bid, the project owner to make clear a regulation with the raw material of unsaturated polyester resin must be specified by the owner including rich ling jiangsu chemical co., LTD. (hereinafter referred to as fu ling company), four well-known enterprises of resin.
 
After engineering construction, fu ling company with tianjin tianlian panjin branch signed a contract to supply, to supply its FL - F889 adjacent benzene structure layer between unsaturated resin, and the FL - 518 unsaturated benzene lining layer winding resin. Each shipment at the same time, fu ling companies in written fax to each brand, quantity and batch number of the shipment promptly notify the construction supervising units inspection.
 
On February 12, 2007, the construction supervising units at tongji university in Shanghai site supervision personnel file found in tianjin tianlian company branch into the 150 barrels of 33 tons with rich ling company certificate of FL - F889 unsaturated resin, but did not get rich ling company written fax, hence to fu ling company confirmed. Fu ling companies did not set up a file to the tianjin tianlian company branch that month shipment, someone to counterfeit, namely to panjin administration for industry and commerce on February 13 to report. Panjin administration of industry and commerce on February 14, in the afternoon to go to tianjin tianlian file company branch warehouse seized this batch of counterfeit products, excluding has 98 barrels, the remaining 52 barrels by industrial and commercial bureau to panjin, sealed at the compound.
 
Panjin administration after find out, the 33 tons of resin is the dragonfly FRP materials plant in shenyang (hereinafter referred to as the dragonfly materials plant, later renamed the shenyang jie cheng composites agencies) legal representative will be her husband as a legal representative of the liaoning superstar composite materials co., LTD. (hereinafter referred to as "star company") in the production of unsaturated polyester resin fake fu ling company "rich" brand resin to sell to tianjin tianlian file company branch is used for the water conveyance project of dahuofang.
 
Administration for industry and commerce on December 21, 2007, panjin made the plate of industrial and commercial place word (2007) no. 061 on the administrative penalty, the dragonfly materials plant exists infringement facts, shall bear tort liability, impose fines and compensation for the economic losses to the fu ling company. Dragonfly penalty, undelivered materials plant in panjin industrial and commercial bureau and other reason to bring administrative prosecution to panjin intermediate people's court.
 
Panjin intermediate people's court trial think in 2009, is the ministry of commerce and industry penalty for illegal by the people's court for canceling undelivered, program, but tianjin tianlian company parties record record, industrial and commercial personnel on-site inspection, examination and seized goods photo archive materials to justify dragonfly factory (i.e., jie cheng agencies) exist infringement facts, ruling dragonfly factory (i.e., jie cheng agencies) to the fu ling company compensation for economic losses.
 
Jie of faithful agencies refuses to panjin then ruling, the higher people's court in liaoning province. Provincial high court shall form a collegiate panel, public hearing on the trial. The court thinks, panjin then find out the basic facts are correct, jie cheng agencies of knowingly sell to tianjin tianlian file company branch of the resin is produced by the star company rather than a "rich" brand resin, its sales behavior constituted a "rich" of fu ling company registered trademark infringement, jie of faithful agencies deal with rich ling company undertake corresponding legal responsibility.
 
At this point, is the industry focus on "rights anti-counterfeiting unsaturated resin industry in China the first case", after more than three years of hardships finally draw a satisfactory full stop. Through this case we have three experience:
 
The regulations, along with our country market economy and further improve the socialist legal system construction, including registered trademark, the protection of intellectual property rights is more and more get the attention of the whole society. Stolen intellectual property rights or counterfeit famous brand trademark in addition to bear the huge economic loss by market will also be due to a loss of integrity! Especially for national key project of the products, to the country and the people's interests first, don't take any chances psychology in the sham as the genuine fake goods, once the quality issue, the consequences will be unimaginable!
 
Second, the incident first discovered by engineering supervision units, if not site supervision personnel is responsible earnestly, found the problem in time, this batch of counterfeit resin will be used on the water conveyance project of national key can cause huge hidden trouble to the engineering quality. Thus, in order to guarantee the engineering quality, engineering supervision is necessary.
 
Three, rights of anti-counterfeit road though is not plain sailing, but we firmly believe that: the socialist market economy will never tolerate fake and shoddy products, the good faith management, quality is in an impregnable position.