Bordeaux’s wine council wins landmark China counterfeiting suit
The Conseil Interprofessionnel du Vin de Bordeaux (CIVB) has managed to secure a conviction against the seller of counterfeit Bordeaux’s wine in China.
According to the wine council, Bordeaux is the first collective trademark to have won a victory in criminal proceedings in China.
The Court of Pudong in Shanghai sentenced the accused counterfeiter to an 18-month suspended prison sentence and fines of RMB 100,000 ($14,132) related to their company and 50,000 RMB ($7,066) to be paid on a personal basis.
“This conviction is a very significant step forward in the fight against counterfeiting that the CIVB has been waging for more than ten years,” said a release from the council.
At the Chengdu Wine Fair (a major Chinese and international trade show) in March last year, the Chinese authorities seized counterfeit bottles from an exhibitor’s stand, after being alerted by the CIVB.
The authorities’ action made it possible to file a complaint with the administration responsible for the protection of IP in Chengdu, which passed it on to its counterpart in Shanghai.
After the police conducted an investigation to assess the criminal malpractice threshold, by assessing the number of bottles and the value of the counterfeit goods, the complaint was successfully upheld.
Earlier this month, the court sentenced the accused over trademark infringement on nearly 10,000 bottles of wine.
“In a market that is of vital importance for Bordeaux wines, the defence of trademarks and our geographical indications, and the fight against counterfeiting, are priorities for the CIVB. The council has devoted human and financial resources to this issue for more than ten years,” said the CIVB.
According to the council, the case could act as a catalyst and encourage the various Chinese authorities and administrations to pursue similar cases and bring them to a successful conclusion.
Bernard Farges, president of the CIVB, said: “The CIVB congratulates the investment and determination of the Chinese authorities in bringing this case to a successful conclusion. This victory for the Bordeaux wine industry serves as an encouragement for the CIVB to continue its work to prevent the counterfeiting phenomenon in China.”
Since 2011, the council has initiated more than 100 anti-counterfeiting proceedings, resulting in a total of $2.8 million of fines.
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