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Counterfeit Golf Equipment Supplier Sentenced to Jail
The U.S. Golf Manufacturers Anti-Counterfeiting Working Circle (the "Group", comprised of Acushnet Gathering, Callaway Golf, Cleveland Golf, Nike Golf, PING and TaylorMade Golf House) reports that the Panyu District Court convicted the defendant Tan Jian ("Tan") of selling imitation golf clubs. Tan was sentenced to four years and three months in coop and was ordered to pay a fine of RMB$80,000 (approx. USD $16,667). Tan has filed an implore to the conviction.
The defendant is a 23 year old manful Chinese native from Fengshu Village, Xiadong Hamlet, Chaling County, Hunan Thing. Tan was arrested on April 30, 2007 for allegedly committing the wrong of trademark counterfeiting after the Group successfully petitioned the neighbourhood pub law enforcement agency, the Public Fastness Bureau (PSB), to conduct an investigation of the defendant's commerce operation.
The criminal hearing was conducted in Panyu on October 15, 2007 before a three expert panel. The Court determined that the reduced in price on the market of counterfeit golf products in this case caused significant economic harm and damage to the sap brand owners, especially in Southern China where much of the legitimate golf energy is concentrated. Additionally, the large capital value attached to the seized golf products (RMB 4.7 million, about USD $640000) established that Tan Jian's counterfeiting constituted a "very serious violation" and the defendant was sentenced in compliance with the PRC Baddy Code and Judicial Interpretation.
Shih Yann Loo, a chairperson with the law firm of Baker & McKenzie states that "the custodial decree of 4 years and 3 months is significant as it sends a very tireless message that this Chinese Court is no longer willing to take the soft approach when it comes to sentencing for IPR coordinated crimes. There is also implicit recognition that this Court is ready-to-serve to recognize that theft of intellectual idiosyncrasy will be viewed like any other criminal violations and punished in accordance...
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