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, the dust is finally settled! On March 25, 2010, the Liaoning Provincial Higher People's Court made the following judgment in Civil Judgment (2010) Liao Min San Zhongzi No. 29: "The appeal is rejected and the original judgment is upheld. The processing fee of the second instance case is 2300 yuan, which shall be borne by the appellant (defendant in the first instance) Shenyang Jiezhicheng Composite Materials Agency. This judgment is final."
Here's how the case went: In December 2006, Panjin Branch of Tianjin Tianlian Composite Material Co., Ltd. (hereinafter referred to as Tianjin Tianlian Company) won the bid for Panjin Section of Liaoning Dahuofang Water Transmission Project (Phase II). The project owner clearly stipulates that the raw materials used in the project must be the resins of four well-known enterprises, including Jiangsu Fuling Chemical Co., Ltd. (hereinafter referred to as "Fuling Company") designated by the owner.
After the project started, Fuling Company signed a supply contract with Panjin Branch of Tianjin Tianlian Company to supply FL-F889 o-benzene structure layer unsaturated winding resin and FL-518 m-benzene lining layer unsaturated winding resin. At the same time of each shipment, Fuling Company shall inform the project supervision unit of the brand number, quantity and production batch number of each batch of goods by written fax in time for inspection.
On February 12, 2007, the site supervision personnel of Shanghai Tongji University, the project supervision unit, found that Panjin Branch of Tianjin Tianlian Company had imported 150 barrels (33 tons) of FL-F889 unsaturated resin with the certificate of Fuling Company, but did not receive a written fax from Fuling Company, so they confirmed to Fuling Company. The Fuling Company did not deliver the goods to the Panjin Branch of Tianjin Tianlian Company in that month, and decided that there was a counterfeit, so it reported to the Panjin Administration for Industry and Commerce on February 13. The Panjin Industrial and Commercial Bureau went to the warehouse of Tianjin Tianlian Panjin Branch Company on the afternoon of February 14 to seal this batch of counterfeit products. The 98 barrels that had been used were removed, and the remaining 52 barrels were shipped back by the Panjin Industrial and Commercial Bureau and sealed in the bureau's compound.
After being identified by Panjin Industrial and Commercial Bureau, the 33 tons of resin is Shenyang Longfei FRP Material Factory (hereinafter referred to as Longfei Material Factory, Changed its name to shenyang after the legal representative of the composite material of faithful agencies) to 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.
On December 21, 2007, Panjin Municipal Administration for Industry and Commerce issued the Decision on Administrative Punishment of Pan Industry and Commerce Branch No. (2007) 061, confirming that Longfei Materials Factory had infringed upon the facts and should bear the tort liability, impose a fine and compensate Fuling Company for the economic losses. Longfei material factory to Panjin City Industrial and Commercial Bureau penalty decision not to the reason such as written to the Panjin City Intermediate People's Court filed an administrative lawsuit.
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, Judgment Longfei material factory (namely, Jie Cheng agency) to compensate for the economic losses of the company.
Jie Cheng agency refused to accept the Panjin City Court's judgment, to the Liaoning Provincial High People's Court to appeal. The provincial high court formed a collegial panel in accordance with the law and held a public hearing. 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.
So far, the "first case of rights protection and anti-counterfeiting in China's unsaturated resin industry", which has attracted much attention in the industry, has finally come to a successful end after more than three years of hard work. Through this case, we have learned three things:
I. With the further improvement of the rules of China's market economy and the construction of socialist legal system, the protection of intellectual property rights, including registered trademarks, has received more and more attention from the whole society. The person who embezzles other people's intellectual property right, fake famous brand trademark besides should bear the huge loss on the economy outside also will be because of the loss of good faith and be spurned by the market! Especially for the national key project products, the interests of the country and the people should be put in the first place, do not take any chances to fake products, once the quality problems, the consequences will be unthinkable!
II. The incident was first discovered by the project supervision unit. If the on-site supervision personnel were not serious and responsible and found the problem in time, this batch of fake resin would be used in the national key water transportation project, which would cause huge hidden danger to the project quality. This shows, to ensure project quality, implement project supervision is very necessary.
Third, although the road of rights protection and cracking down on counterfeits will not be smooth sailing, we firmly believe that: the socialist market economy will not tolerate the spread of fake and shoddy products, integrity management, good quality is the fundamental to an invincible position.