Internet anchor sentenced for bringing fake brand name
The highest prosecutor pointed to the crime of infringement and selling fakes in the field of live broadcast
"Workers Daily" (August 11, 2022 Edition 06)
News from this newspaper (Reporter Lu Yue) On August 4, the Supreme People's Procuratorate released a typical case of punishing crimes that disrupt the order of market competition in accordance with the law, demonstrating the procuratorate's clear attitude to severely punish crimes that disrupt the order of market competition.
In one case, an online host and a team sold fake brand-name products through live broadcasts on an e-commerce platform totaling more than 670,000 yuan.
The facts of the case show that on July 24, 2017, Liao Mou signed a cooperation agreement with G Information Technology Co., Ltd. and became the company's contracted anchor, and the company was staffed to form a live broadcast team to broadcast live broadcasts on an e-commerce platform for online shop merchants. Marketing merchandise.
Since 2019, Liao's live broadcast team has successively cooperated with a number of online stores to sell clothing, accessories, watches and other products with counterfeit trademarks such as "Dior", "CHANEL" and "LOEWE" for the above-mentioned online stores through the e-commerce platform. , the sales amount totaled more than 670,000 yuan.
On March 26, 2021, the People's Procuratorate of Shanghai Hongkou District prosecuted 6 members of Liao's live broadcast team for the crime of selling commodities with counterfeit registered trademarks (the suspects of related counterfeit sellers will all be dealt with separately).
On June 29, 2021, the Shanghai Yangpu District People's Court sentenced Liao to 3 years and 4 months in prison and a fine of 400,000 yuan for the crime of selling commodities with counterfeit registered trademarks; the remaining 5 defendants were sentenced to 3 years and 2 Fixed-term imprisonment ranging from one month to two years, and a fine ranging from 50,000 yuan to 5,000 yuan. Some defendants are subject to suspended sentences.
After the first-instance judgment was pronounced, none of the defendants appealed, and the judgment has come into effect.
In order to maintain the safety and order of online marketing, the procuratorial organs dig deep into the industrial chain behind the fake anchors, and crack down on the whole chain of upstream crimes such as fake sellers.
A total of 39 associates selling counterfeit goods were sentenced to fixed-term imprisonment of 3 years and 8 months to 5 months of short-term imprisonment for the crime of selling commodities with counterfeit registered trademarks.
The Supreme People's Procuratorate stated that the compliance operation of live broadcast e-commerce enterprises is the cornerstone of the healthy development of the new format of live broadcast marketing.
While punishing crimes, procuratorial organs should also pay attention to the criminal compliance risks of live e-commerce companies in cases, give full play to the procuratorial initiative, extend procuratorial functions through procuratorial suggestions and other means, urge and guide enterprises to improve relevant mechanisms, and track enterprises to implement rectification. , so as to prevent corporate legal risks and help the sustainable and healthy development of enterprises.
At the same time, relying on typical cases to carry out legal publicity in various ways, guide online live broadcast marketing entities to abide by laws and business ethics, participate in market competition fairly, and create a good online marketing environment.