Published:
Counterfeit Golf Equipment Supplier Sentenced to Jail
Counterfeit Golf Equipment Supplier Sentenced to Jail
PHOENIX, April 29 /PRNewswire/ -- The U.S. Golf Manufacturers
Anti-Counterfeiting Working Group (the "Group", comprised of Acushnet Company,
Callaway Golf, Cleveland Golf, Nike Golf, PING and TaylorMade Golf Company)
reports that the Panyu District Court convicted the defendant Tan Jian ("Tan")
of selling counterfeit golf clubs. Tan was sentenced to four years and three
months in jail and was ordered to pay a fine of RMB$80,000 (approx.
USD $16,667). Tan has filed an appeal to the conviction.
The defendant is a 23 year old male Chinese native from Fengshu Village,
Xiadong Town, Chaling County,Hunan Province. Tan was arrested on April 30,
2007 for allegedly committing the crime of trademark counterfeiting after the
Group successfully petitioned the local law enforcement agency, the Public
Security Bureau (PSB), to conduct an investigation of the defendant's business
operation.
The criminal hearing was conducted in Panyu on October 15, 2007 before a
three judge panel. The Court determined that the sale of counterfeit golf
products in this case caused great economic harm and damage to the victim
brand owners, especially inSouthern China where much of the legitimate golf
industry is concentrated. Additionally, the large 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 crime" and the defendant
was sentenced in compliance with the PRC Criminal Code and Judicial
Interpretation.
Shih Yann Loo, a principal with the law firm of Baker & McKenzie states
that "the custodial sentence of 4 years and 3 months is significant as it
sends a very strong message that this Chinese Court is no longer prepared to
take the soft approach when it comes to sentencing for IPR related crimes.
There is also implicit recognition that this Court is prepared to recognize
that theft of intellectual property will be viewed like any other criminal
violations and punished in accordance with the laws in place. Hopefully, this
will serve not only as a deterrent but will encourage other judicial organs in
China to be more proactive in investigating and prosecuting IPR infringements".
The Group was formed to petition governments to enforce their country's
laws against counterfeiters of golf equipment products. As a result of the
Group's petitioning efforts, dozens of successful raids of manufacturing,
assembly and retail facilities have been conducted by Chinese law enforcement
authorities over the past four years. Several business operators have been
arrested and many have now been prosecuted in the Chinese courts.
The U.S. Golf Manufacturers Anti-Counterfeiting Working Group consists of
the worlds' leading golf equipment manufacturers. Its members and brands
include Acushnet Company - Titleist, FootJoy and Cobra Golf;
Callaway Golf - Odyssey, Top-Flite and Ben Hogan; Cleveland Golf-Never
Compromise; Nike Golf; PING; and TaylorMade-adidas Golf.
SOURCE U.S. Golf Manufacturers Anti-Counterfeiting Working Group
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Copyright © 2008, NewsBlaze,
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