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With the participation of more than 300 million people, a gang of 9 members was sentenced to illegally operate counterfeit Lego
Lead Reporter for The Paper Li Jing
A case involving a copyright infringement involving “Lego” and involving more than 300 million yuan was ruled at the Shanghai No. 3 Intermediate People’s Court.
On the morning of September 2, The Paper News reporter learned from the court hearing that the Shanghai Third Intermediate Court ruled that 9 defendants were guilty of copyright infringement. Among them, the main culprit Li Moumou was sentenced to six years in prison and a fine of 90 million yuan. Be recovered.
Photo of Li Jing, an emerging reporter at the court hearing
The third section of the Shanghai People’s Prosecutor’s Office indicted the defendants Li XX, Du XX, Yan XX, Yu XX, Wang XX, Zhang, Wang XX, Lü XX and Li, and were guilty of copyright infringement.
After the investigation, since 2015, the defendant Li Moumou ordered the defendant Du Moumou and others to buy new toys from the Lego series, and through disassembly and investigation, they began to copy Lego toys. In January 2015, Li Moumou ordered Du Moumou to register Lepin Toys Factory in his own name (later renamed Lihao Toys Factory, canceled in July 2016) to carry out the 1: 1 replica design of Lego toys in Lihao Toys Factory. , Mold opening, production, finished product packaging at Zhili Packaging Factory and storage at Xiaojudan Toy Factory.
Since 2016, Li Moumou ordered the defendant Yan Moumou to register as Li Moumou’s Lepin toy maker as a Lepin toy maker, and he also assisted Li. XX communicated the daily production instructions, urged to expedite the completion of the production schedule, and forwarded the state of storage and dispatch that the defendant Li sent to Li. Li instructed the defendant Zhang to be responsible for the production and operation of Lihao Toy Factory. According to the packaging design materials, bill of materials, process flow and sales shipment orders given by the design and sales staff, he organized the workers to conduct toy inspections at Lihao Toy Factory. The plastic parts were sorted, packed in the warehouse of the Zhili factory and assembled and tested for each toy. After packing the finished toys, the defendant Li took it upon himself to ship the finished toys stored in the warehouse in accordance with the sales shipment order.
The defendant Wang Mojia helped Li Moumou make a materials list for Lepin’s building blocks while he was development supervisor at Lihao Toys Factory and creative director at Meizhi Company. While serving as the head of the e-commerce department of Meizhi Company, the defendant Wang Moyi helped Li Moumou sell Lego-like toys through Taobao, AliExpress, Alibaba and other online platforms.
During the period that the defendant Lu was in charge of the engineering department of the Lihao Toy Factory, he weighed the outer packaging and plastic parts of the Lego toys according to Li Moumou’s instructions and sent the data to Wang. Moujia to clean and sort the genuine plastic parts of Lego toys. Pick and choose the special pieces of Lego toys and entrust others to draw 3D drawings of the above special pieces and open the mold at Li’s appointed manufacturer.
While serving as manager of the Meizhi Company’s packaging design department, the defendant Li Moumou instructed the defendant Yu Moumou to design and apply for the “Lepin” trademark. The defendant Li, as the head of the warehousing department of Lepin Toys, was responsible for the management of the delivery of the finished toys in the warehouse of the Zhili factory and the small warehouse of Arena, and shipped them according to the shipping orders sales of Wang and others.
On April 23, 2019, the Shanghai Public Security Bureau seized 88 injection molds used to replicate Lego toys, 68 spare parts used to assemble molds, and various “Lepin” toys at the factory rented by the defendant Li Moumou. 289,411 packing boxes, 175,141 manuals for “Lepin” toys, more than 50,000 sales and shipment orders with the words “Shantou Lepin Toys Co., Ltd.”, related computers, mobile phones, copies of the Lego series Toy products ” Lepin “of 603,875 pieces.
The 47 series of 663 products, including the “Great Wall of China” assembled toys, are works of art created by LEGO A / S. Based on this work, LEGO has produced and produced a series of assembled toys and sold them on the market. . Assessed by the Copyright Evaluation Committee of the China Copyright Protection Center, Lepin “Great Wall of China” toys and Lego “Great Wall of China” toys; Lepin’s toys “PRIMITIVE TRIBE” and Lego toys “THE FLINTSTONES”; Lepin’s “FAIRY TALE” toy is basically the same as Lego’s “DISNEY PRINCESS” toy; Lepin’s “TECHNICAL” toy is basically the same as Lego’s “ALL Terrain Tow Truck” toy, forming a copy relationship. Lepin’s “NINJAG Thunder Swordsman” album is the same as Lego’s “NINJAGO Masters of Spinjitzu” album, which constitutes a copy relationship.
According to judicial accounting identification, from September 11, 2017 to April 23, 2019, Li and others produced and sold 4,249,255 boxes of infringing products, involving 634 models, for a total of 300,924,050.9 yuan. . On April 23, 2019, 603,875 boxes of infringing products to be sold at the Zhili Factory and Xiaojudan Warehouse, including 344 models, were detained for a total amount of 30,508,780.7 yuan.
Infringing works Photo courtesy of the Shanghai Third Intermediate Court
After the defendant Du Moumou left Lihao Factory in 2017, he began to participate in the distribution of Lepin Toys. He bought supplies from Lihao Toy Factory and sold the proceeds of Lego Lepin Toys on Taobao online stores. After court accounting, 2017 During the period from May 28, 2010 to April 23, 2019, Du Moumou sold copies of Lego products on the Taobao online store, operated by him, for a total of 6,215 .989.43 yuan.
While defendants Yu and Wang worked at Meizhi, they made a profit by selling Lego toy replicas in their Taobao online stores.After court accounting, from June 10, 2017 to August 27, 2017, Yu Moumou sold copies of Lego products on the Taobao online store that he was operating.The amount of sales is3,560.28 yuan；During the period from May 28, 2017 to April 23, 2019, sales of Wang Mouyi’s copied Lego products on the Taobao online store operated by him were 11,747,427.79 yuan.
On April 22, 2019, the defendant Li MoumouShenzhen airportWas caught. On the 23rd of the same month, the defendant Du was verbally summoned before the public security organ, and the defendant Yu took the initiative to go to the case after receiving the call, the next day the defendant Yan took the initiative to surrender. On May 12 of the same year, the accused Wang Moujia was arrested. On June 14, July 15, July 31, and August 5 of the same year, the defendants Wang Mouyi, Lu Mou, Zhang, and Li were arrested respectively. He voluntarily surrendered and all the defendants truthfully confessed to the aforementioned criminal acts after their arrival.
Photo courtesy of the Third Shanghai Intermediate Court
After the trial, the Shanghai No. 3 Intermediate People’s Court held that, at the instigation of the defendant, Li Moumou, the defendants divided their work and cooperated closely, dismantling, investigating, modeling and copying, registering and establishing toy factories , and renting workshops and warehouses as counterfeit houses. , Apply for trademark registration, plan and supervise production, organize packaging, sales, etc., covering all links of design, production and sale, forming an organized and systematic criminal chain and gang.The case involved large numbers of people, a wide range of crimes, and various styles of offense. The amount of the crime reached more than 330 million yuan. Most of the cases involved forgeryToys have entered the market, not only infringing on intellectual property rights and causing significant losses to the goodwill and economic benefits of the right holder, but also seriously undermining the order of the socialist market economy. Crimes are particularly serious and society is extremely harmful.
Shanghai No. 3 Intermediate People’s Court believes that the defendant Li Moumou and 9 others copied and distributed Lego’s copyrighted works of art without the permission of the copyright owner in order to earn money. The number of illegal businesses was extremely large and the circumstances were particularly dire. The facts have constituted a crime of copyright infringement. At the same time, the court, based on the different roles of the defendants in the joint crime, determined that the defendant Li was the main offender and was punished according to all the crimes in which he participated, organized and directed; the remaining eight defendants were accomplices and received lighter sentences. The facts of the prosecution’s charges are clear and the evidence is, in fact, sufficient. The prosecution is convicted and the court supports it.
On the morning of September 2, the Shanghai Third Intermediate Court rendered the following judgment:
The defendant Li Moumou committed the crime of copyright infringement and was sentenced to six years in prison and a fine of 90 million yuan; the defendant Yan Moumou committed the crime of copyright infringement and was sentenced to four years and six months in prison and a fine of 80 yuan. Ten thousand yuan; defendant Zhang guilty of copyright infringement, sentenced to four years and six months in prison and fined 1.2 million RMB; defendant Wang Mouyi guilty of copyright infringement, sentenced to three years and nine months in prison, and fined 4.5 million yuan; the defendant Du Moumou committed a copyright infringement and was sentenced to three years and 6 months in prison and a fine of 2.5 million yuan; defendant Lu Moumou committed copyright infringement For the crime, he was sentenced to three years in prison and a fine of 300,000 RMB; Defendant Wang Moujia committed copyright infringement and was sentenced to three years in prison and a fine of RMB 300,000; defendant Yu Moou committed copyright infringement. He was sentenced to three years in prison with three years of probation and a fine of RMB 200,000 (paid); defendant Li, who committed copyright infringement, was sentenced to three years in prison with three years of probation and a fine of 20 RMB. Ten thousand yuan. At the same time, the illicit income of the aforementioned defendant will be recovered and the offending assets of the case and their assets used for the crime will be confiscated.
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