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No. 4 of Four Model Cases of Comprehensive Judicial Protection of Intellectual Property Rights by Procuratorial Organs Published by the Supreme People's Procuratorate: Administrative Non-litigation Enforcement Supervision Case of Selling Products with Counterfeit Registered Trademarks by Yuyao Hao[REDACTED] Lubricating Oil Trading Firm
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最高人民检察院发布四起检察机关知识产权综合性司法保护典型案例之四：余姚市浩某润滑油商行销售假冒注册商标的商品行政非诉执行监督案
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【法宝引证码】
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| No. 4 of Four Model Cases of Comprehensive Judicial Protection of Intellectual Property Rights by Procuratorial Organs Published by the Supreme People's Procuratorate: Administrative Non-litigation Enforcement Supervision Case of Selling Products with Counterfeit Registered Trademarks by Yuyao Hao[REDACTED] Lubricating Oil Trading Firm | | 最高人民检察院发布四起检察机关知识产权综合性司法保护典型案例之四：余姚市浩某润滑油商行销售假冒注册商标的商品行政非诉执行监督案 |
| [Keywords] | | 【关键词】 |
| administrative non-litigation enforcement; adding a judgment debtor; supervision of similar cases | | 行政非诉执行 追加被执行人 类案监督 |
| [Key Points] | | 【要 旨】 |
| In an administrative non-litigation enforcement case involving infringement on intellectual property rights, where an individual proprietorship enterprise, as the judgment debtor, fails to pay off the debt as determined in the effective legal instrument and the administrative organ fails to file an application with the people's court for adding the contributor as another judgment debtor in a timely manner, the procuratorial organ should propose that the administrative organ should apply for adding the contributor, so as to ensure the execution of the administrative penalty and timely punishment of the illegal infringement acts. | | 侵犯知识产权行政非诉执行案件中，作为被执行人的个人独资企业不能清偿生效法律文书确定的债务，行政机关未及时向法院申请追加其出资人为被执行人的，检察机关应当依法建议行政机关申请追加，确保行政处罚执行到位，及时惩处侵权违法行为。 |
| I. Case Facts | | 一、案件事实 |
| Yuyao Hao[REDACTED] Lubricating Oil Trading Firm in Zhejiang Province (hereinafter referred to as "Hao[REDACTED] Trading Firm") is an individual proprietorship enterprise and Han was the contributor. On September 16, 2019, the Market Regulation Bureau of Yuyao City gave Hao[REDACTED] Trading Firm an administrative penalty since it sold antifreeze, lubricating oil, and other products with counterfeit registered trademarks and Hao[REDACTED] Trading Firm was ordered to immediately stop its infringing acts, its infringing products were confiscated and impounded, and it was given a fine of 30,000 yuan. Hao[REDACTED] Trading Firm did not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, nor did it perform the obligation of paying the fine after it was served the exigent notice. The Market Regulation Bureau of Yuyao City filed an application for enforcement with the Primary People's Court of Yuyao City (hereinafter referred to as the "Yuyao Primary People's Court"). The Yuyao Primary People's Court entered an administrative ruling, approved enforcement, and opened a case for enforcement. Hao[REDACTED] Trading Firm paid part of the proceeds of enforcement of 15,000 yuan on the same day when the case for enforcement was opened. | | 浙江省余姚市浩某润滑油商行（以下简称浩某商行）系个人独资企业，出资人为韩某。2019年9月16日，浩某商行因销售假冒注册商标的防冻液、润滑油等商品，被余姚市市场监督管理局（以下简称余姚市市场监管局）作出行政处罚，责令立即停止侵权行为、没收扣押侵权商品并罚款人民币3万元。浩某商行在法定期限内未申请行政复议或提起行政诉讼，在催告书送达后亦未履行缴纳罚款义务，余姚市市场监管局向余姚市人民法院（以下简称余姚市法院）申请强制执行。余姚市法院作出行政裁定书，准予强制执行并立案执行。浩某商行于执行立案当日缴纳部分执行款人民币1.5万元。 |
| ．．．．．． | | 2020年12月24日，因浩某商行无财产可供执行，余姚市法院裁定终结本次执行程序。 |
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