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- 壹、Are there any rental houses in the courtyard of the old county party committee's family building in Chengguan Town, Xin'an County?
- 贰、What are the legal responsibilities for misappropriating other people's trademarks?
- 叁、Is Xin'anjiang Landscape Gallery fun? Are there any special restaurants there?
- 肆、Closed case of infringement of portrait rights
Mirroring other people's trademarks is considered "trademark infringement". The natural person or legal person who has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
If the circumstances are serious, you will also bear criminal responsibility. Our country's "Criminal Law" has provisions specifically targeting intellectual property crimes.
According to Article 213 of the Criminal Law, anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. Or criminal detention, and shall be concurrently or solely fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
According to Article 214 of the Criminal Law, anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. ; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Extended information:
Case: I was found to be a "little clever" for using other people's trademarks in exchange for a big fine
In order to sell the products I operate as soon as possible, Shihezi, Xinjiang A self-employed business owner was so clever that he used a well-known trademark that was similar to the goods he sold without permission to publicize it and mislead consumers into purchasing. On April 7, 2014, reporters learned from the Xinjiang Shihezi City Industrial and Commercial Bureau that the Xin'an Industrial and Commercial Office of the Xiayedi Branch of the bureau investigated and dealt with this case of using advertising to create misleading false propaganda for products.
It is understood that a self-employed Shen purchased a "GELIE" brand range hood produced by Shenzhen Gree Star Small Home Appliances Co., Ltd. (hereinafter referred to as Gree Star Company) from Urumqi. Sales in this area.
During the business process, in order to expand sales, Shen made use of the popularity of "Gree" appliances of Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as Zhuhai Gree Company) to create a promotional billboard for "Gree" appliances. and leaflets, to promote that "Gree" electrical appliances are being sold in his store, and to mark the price tags of the "GELIE" brand electrical appliances produced by Gree Star Company that he distributes as "Gree".
Through the above method, people may mistakenly believe that the manufacturer of the "GELIE" brand electrical appliances distributed by this store is Zhuhai Gree Company. After consumers reported this, the Industry and Commerce Bureau verified this and found that the store had never sold "Gree" appliances from Zhuhai Gree Company, and "Gree" appliances had nothing to do with "GELIE" brand appliances.
After careful investigation and evidence collection, the industrial and commercial department determined that Shen’s false propaganda violated the provisions of Article 9, Paragraph 1 of the Anti-Unfair Competition Law of the People’s Republic of China, and constituted the use of advertising. method, making misleading and false propaganda to the producers of goods.
According to the provisions of Article 24, Paragraph 1, of the Anti-Unfair Competition Law of the People's Republic of China, the branch ordered the parties to stop the illegal behavior, eliminate the impact, and impose a fine on the parties in accordance with the law.
At this point, Shen’s self-righteous little cleverness got himself a fine of 10,000 yuan, which he really regrets.
Reference material: People's Daily Online - I was found to be "clever" for using someone else's trademark in exchange for a big fine
Xin'an Jiang Landscape Gallery is located in She County, a national historical and cultural city, with a total length of about a hundred miles. It is a shining pearl on the Huangshan-She County-Qiandao Lake golden tourist route. Xin'anjiang is the mother river of Huizhou merchants. It is famous for its wonderful combination of China's unique Huizhou culture, natural scenery and ancient villages. The ecological environment on both sides of the Taiwan Strait is excellent, pre senting a three-dimensional ecological pattern of "alpine forests, mid-mountain tea, low-mountain fruits, and water fish", which complement each other with the ancient villages and ancient dwellings nestled in between, forming a beautiful paradise. The Xin'an River in the Landscape Gallery inspired the poet Li Bai. As he swam, he chanted: "The clear stream clears my heart, and the color of the water is different from other waters. I ask the Xin'an River, why is it like this? People walk in the mirror, and birds fly in the screen." When the backwater turns, a giant rock reef appears in the river, which is the famous "Sister Beach". Huizhou women often bid farewell to their relatives who have traveled far away here, especially their newlywed wives. They are reluctant to leave and shed tears on the river beach, hence the name.
When the boat arrived at Santan, the fields were wide open and the mountain villages lay across it. Santan refers to the village named after three deep river pools, namely Tuntan, Zhangtan and Miantan. Loquats are abundant here. If you come in May when the loquats are yellow, you will see loquat forests on both sides of the bank with "luxuriant jasper leaves and golden pills". Clusters of golden and orange colors appear in the emerald green bushes. Santan loquat has thin skin, thick flesh and delicious taste. It is known as "the Queen Mother's flat peach in the sky and the Three Pools loquat in the world".
Under the big tree at the end of Tuntan Village, there is a huge rock standing straight out of the ground. People call it the "Sounding Stone". People's musician Zhang Shu often practiced his voice on this rock when he was a child, so people named it "Pronunciation Stone". There is a thousand-year-old camphor tree in Zhangtan Village. It is 26 meters high and 9.2 meters in circumference. It takes more than ten people to hug it. There is also a folk legend spre ad about this thousand-year-old camphor tree. It is said that after the death of Zhang Liang, a famous official in the early Han Dynasty, he was buried in Zhangtan Village on the bank of Xin'an River. His heroic soul gave birth to this ancient camphor tree to protect future generations. Most of the residents in the village have the surname Zhang.
Leaving Zhangtan Village, the blue waves of the Xin'an River are rippling, the mountains in the distance are like black daisy, and the mountains nearby are green. Rows of brand-new Huizhou folk houses are built on the mountains. They have white walls, gray tiles, and cornices. They are extremely beautiful. This is the Xinyang village community. In the Chinese residential general ticket issued by the State Post Bureau, the pattern design of Anhui residential buildings is based on the architecture of Xinyang Village.
The boat continued to move forward, and saw a huge rocky rock in the river, called Laolongji, telling a touching legend. It is said that one day, an official ship slowly sailed up the river. On the ship was the new magistrate of Shezhou and his wife who went to Shezhou to take office. When the boat arrived at "Laolongji", the river surface suddenly shone with golden light, and strange trees appeared one after another. The county prince and his wife on the boat were attracted by this strange sight. They slowly stepped out of the cabin and looked over the railing. By accident, the county wife's phoenix appeared. The gold hairpin fell into the river and was held up by the old dragon's claws and floated on the river. The county prince bent into the river to get the gold hairpin up. Suddenly, the sky was covered with dark clouds, thunder and lightning, wind and rain, and the old dragon opened his mouth to grab the gold hairpin. The grandpa ate it and transformed into a substitute for the county grandpa. He helped the county wife who fainted and happily went to Shezhou to take up her post. The poor county wife doesn't know that her husband has entered the dragon's belly. In the blink of an eye, the county wife Longzhu was pre gnant with nine little dragons in total. If Kowloon emerges from the world and enters the East China Sea, it will cause trouble and ruin all life. This matter was known by a god named "Crystal Man". One day, the "Crystal Man" turned into an old man who cut wood and came to the county government to tell the county lady the truth. At first, the county lady did not believe it. The "Crystal Man" advises that the only way to know the true love is when the county magistrate is taking a bath. So, the county wife used a gold hairpin to break the sealed paper window while the county prince was taking a bath. Sure enough, a big golden dragon was washing himself in nine tanks of sand and nine tanks of water. "Crystal Man" decided to do justice for heaven and capture Lao Long. With the help of Guanyin Bodhisattva, Lao Long was caught and imprisoned in "Jiangxi Well". Later, when the county's wife was about to give birth, the "Crystal Man" was ordered to kill nine little dragons. So, when the county's wife gave birth to one, the "Crystal Man" got rid of one of the dragons. When it came to the last one, the county lady knelt down and begged to keep the dragon so that it could be hung on the grave during the Qingming Festival. Without paying attention, the "Crystal Man" slashed down, but only cut off the dragon's tail. The last little dragon survived and entered the East China Sea. The world called it the "tail-pulling dragon". Nowadays, every year after Qingming Festival in Huizhou, there is always a strong wind and heavy rain. People say that this is the "tail-pulling dragon" that comes to Huizhou to hang paper on graves.
After visiting the Xin'an River, planning expert Ang Ruite of the World Tourism Organization exclaimed: "It's so beautiful! This is the real eco-tourism!" Mr. Wu Bihu, a tourism planning expert from Peking University, commented: "Xin'an River is unique in China. The wonderful combination of Huizhou culture, natural scenery and ancient villages is world-famous!” Here tourists can take a awning boat, view the countryside, eat farm food, listen to local operas, and enjoy the beautiful Huizhou culture.
"Deep pools and shoals, thousands of turns into Xin'an." Friends, the Xin'an River Landscape Gallery, which is more beautiful than the Li River and more beautiful than the Three Gorges, is looking forward to your visit!