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Exchange Meeting Between QBPC and Shanghai Jing'an District People's Procuratorate

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Exchange Meeting Between QBPC and Shanghai Jing'an District People's Procuratorate
Date:2017-12-21



    On September 15, 2017, Shanghai Jing’an District People’s Procuratorate (“Jing’an Procuratorate”) and QBPC Luxury Goods Industry Working Group co-hosted an Exchange Meeting on Verification Methods of Evidence Recognition Issues during IP Criminal Proceedings (“Meeting”). Ms. Mao Wenjing, Shenying, Su Shuangli and Mr. Jin Hao from Jing’an Procuratorate and Seventeen QBPC member company representatives participated in the Meeting.
    Miller Wang from MCM Holdings AG (MCM) made s keynote speech titled Evidence Recognition Issues during Criminal Proceedings, from brand owner perspective, which mainly introduces the verification of evidence and the burden of proof in criminal proceedings.
    (1) Jing’an Procuratorate has handled several major IP criminal cases, which in particular includes the one where it pursues the criminal liabilities of the actual controller of the well-known Fake Market on West Nanjing Road of Shanghai. The Fake Market then directly went closed, which has attracted wide attentions and won high praises from domestic and foreign right holders;
    (2) With the constant growth of the Internet and online shopping, sale of counterfeits has gradually moved from offline to online, entering the Counterfeit Selling Age 3.0; in the meantime, it has posed serious challenges for right holders and law enforcement authorities to investigate and gather evidences;
    (3) Primary issues: burden of proof in bogus transactions and mixed sales of real and fake goods, calculation method of sales volume of counterfeits and value of such goods, basis for calculating prices and the legal status of the opinions of judicial identification centers, considerations over the sales evidence in Taobao and WeChat, determination standard of principal criminal, status and functions of right holders during the stage of review and prosecution, etc.;
    (4) Both parties conducted in-depth communication and discussion over the aforesaid issues and Jing’an Procuratorate showed great interests and expressed sincere hopes to further communicate with QBPC in the future.
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