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Counterfeit Golf Equipment Supplier Sentenced to Jail
The U.S. Golf Manufacturers Anti-Counterfeiting Working Coterie (the "Group", comprised of Acushnet Entourage, Callaway Golf, Cleveland Golf, Nike Golf, PING and TaylorMade Golf Performers) reports that the Panyu District Court convicted the defendant Tan Jian ("Tan") of selling fake golf clubs. Tan was sentenced to four years and three months in send down 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 manly Chinese native from Fengshu Village, Xiadong Township, Chaling County, Hunan Responsibility. Tan was arrested on April 30, 2007 for allegedly committing the lawlessness of trademark counterfeiting after the Group successfully petitioned the peculiar law enforcement agency, the Public Confidence Bureau (PSB), to conduct an investigation of the defendant's subject operation.
The criminal hearing was conducted in Panyu on October 15, 2007 before a three appraiser panel. The Court determined that the white sale of counterfeit golf products in this case caused skilful economic harm and damage to the chump brand owners, especially in Southern China where much of the genuine golf industry is concentrated. Additionally, the elephantine 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 Scoundrel Code and Judicial Interpretation.
Shih Yann Loo, a man 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 distinct message that this Chinese Court is no longer of a mind to take the soft approach when it comes to sentencing for IPR interdependent crimes. There is also implicit recognition that this Court is precooked to recognize that theft of intellectual land will be viewed like any other criminal violations and punished in accordance...
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