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Membership Service Journey- MCM Case Sharing Salon

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Membership Service Journey- MCM Case Sharing Salon

    2017 QBPC Membership Service Journey-MCM Case Sharing Salon was successfully held on June 15, 2017 in Beijing. 40reps. from 33QBPC members (Philips, Honeywell, UL, Schneider, Nike, JNJ and etc.) participated in field.

    Mr. Jerry Yang, from Johnson & Johnson, service team member of MSC, hosted the case sharing salon. The role and responsibility of market management if the venders were selling counterfeit or infringement goods is a hotly contended issue for years. MCM took civil litigation to market management and venders against dirty markets in key cities besides regular raid action.

    Mr. Miller Wang, Brand Protection Manager APAC of MCM, introduced that Beijing Hongqiao Market has been known for offering counterfeits for multiple renowned brands, MCM took two rounds of notarized test buy in market and filed a civil lawsuit to Beijing Hongqiao market management considering actual fact. Court of Dongcheng district, Beijing stated that the market management should bear the obligation of completely eradicating infringing sales in the market even some measures have been taken after receiving warning letter of right holder, however those measures were insufficient to stop the infringing sales to a full degree. “Not compensation but duty to market management is our focus, the judgement influence will be greater in similar cases of other regions since trial place locates in Beijing,” Miller said.

    Mr. James Luo, rep of Michael Kors, shared his professional perspective from lawyer. The key step before launching lawsuit is to prove the market management Knowledge to infringing sales by notarized test buy and warning letter. Meanwhile,  James shared the strategies of  suspect target screening, jurisdiction selection, skills in case reconciliation, etc. “Although we facing many challenges in practice, we are glad to hear the voice from central government and SPP about punitive compensation application in IP cases, some local courts show positive attitude,” James said.

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