Shandong Qingdao Intermediate People's Court recently rendered a judgment on selling counterfeit automotive brake blocks of several Japan's registered trademarks. The defendant, an Iraqi businessman was convicted of counterfeiting the registered trademark  and fined 150,000 yuan on top of deportation from the country. This is the first case implemented in new model of trial for IPR cases in Shandong court, which combines trial of criminal, civil and administrative nature in one tribunal.

Through his dealer, Zhejiang Tuoyouta Trading Company, the defendant signed a purchase contract with Shandong Luguan Brake parts Co., LTD (Luguan) to produce brake blocks  in June 2010. Without the authorization of the proprietor of the registered trademark including "TOYOTA","NISSAN" and "MAZDA", the defendant asked Luguan to tag these trademarks on the products and planned to ship the products to Libya. However, these 12,640 pieces of counterfeiting products, with contractual value of 200,640 yuan were seized by Qingdao Customs. Later the Iraqi defendant gave himself up to the Chinese police.

The court held that the defendant's action of marking "TOYOTA","MAZDA"and "NISSAN" trademarks on counterfeit brake for sale with a value of 200,640 yuan should be prosecuted for criminal liability and subsequently be sentenced from three to seven years of imprisonment. In view of the fact that the Iraqi defendant who gave himself up to the police, the court gave lighter or mitigated punishment. After over three-hour hearing, the court rendered a judgment on counterfeiting the registered trademarks. The defedant would be expelled from China after paying 150,000 yuan in fines.

(China IP News)