The U.S. Golf Manufacturers Anti-Counterfeiting Working Faction (the "Group", comprised of Acushnet Guests, Callaway Golf, Cleveland Golf, Nike Golf, PING and TaylorMade Golf Business) reports that the Panyu District Court convicted the defendant Tan Jian ("Tan") of selling forged golf clubs. Tan was sentenced to four years and three months in nick and was ordered to pay a fine of RMB$80,000 (approx. USD $16,667). Tan has filed an solicit to the conviction.
The defendant is a 23 year old virile Chinese native from Fengshu Village, Xiadong Township, Chaling County, Hunan Concern. Tan was arrested on April 30, 2007 for allegedly committing the misdemeanour of trademark counterfeiting after the Group successfully petitioned the provincial law enforcement agency, the Public Guarantee Bureau (PSB), to conduct an investigation of the defendant's province operation.
The criminal hearing was conducted in Panyu on October 15, 2007 before a three critic panel. The Court determined that the in stock of counterfeit golf products in this case caused major economic harm and damage to the butt brand owners, especially in Southern China where much of the rightful golf industry is concentrated. Additionally, the massive monetary value attached to the seized golf products (RMB 4.7 million, about USD $640000) established that Tan Jian's counterfeiting constituted a "very serious wrong" and the defendant was sentenced in compliance with the PRC Immoral Code and Judicial Interpretation.
Shih Yann Loo, a main with the law firm of Baker & McKenzie states that "the custodial rap of 4 years and 3 months is significant as it sends a very deep-rooted message that this Chinese Court is no longer convenience to take the soft approach when it comes to sentencing for IPR reciprocal crimes. There is also implicit recognition that this Court is instant to recognize that theft of intellectual idiosyncrasy will be viewed like any other criminal violations and punished in accordance...
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