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Reflection on cracking down counterfeit
2012-September-28 Source: Newsgd.com
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The trial of Hennessy claiming damages against alcohol retailers for counterfeit is going on in Baiyun District Court in Guangzhou. 

It is reported that Hennessy found the responding retailers sold counterfeit which infringed upon its trademark and caused great loss to it. In this May, Hennessy bought the alcohol from the retailers, got the invoice and had the invoice notarized. It was verified that the alcohol Hennessy bought were counterfeit. In the trial, the respondents admit the authenticity of the invoices but denied they sold the counterfeit, asserting that the alcohol was replaced by Hennessy secretly and accusing Hennessy baited the "evidence" unduly. They claimed that only the bureau of industry and commerce has the authority to seal up the counterfeit but the alcohol Hennessy bought were sealed up by the notary, and such evidence should not be held by the Court. The respondents have reported to Guangdong Provincial and Guangzhou Municipal Bureau of Industry and Commerce in order to get a decision that Hennessy did not collect evidence in due process, and they also applied to the Court for extension of the trial.

Duly evidence collection should be attached with as importance as protection of legitimate rights through legal means. Both procedure and substance are vital to enterprises to protect their rights.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

Editor: Miranda
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