Bank of China in the United States involved in GUCCI litigation: the United States Court suspended the ruling immediately

(Reporter Wei) Chinese bank was involved in Gucci (GUCCI) in the United States, the United States and the United States, the United States, the United States, the United States, the United States, the United States, Counterfeiters have made new progress in litigation
Information: Bank of China. (Reporter Wei) Chinese bank was involved in Gucci (GUCCI) in the United States, the United States and the United States, the United States, the United States, the United States, the United States, the United States, Counterfeiters have made new progress in litigation. Bank of China, headquartered in Beijing, confirmed to the China news agency on December 10, New York time on December 8, the US Second Circuit for the Bank of China made an emergency suspension of the application made an interim decision to suspend the original since December 8 on the Bank of China A fine of $ 50,000 per day. June 2010, GUCCI and other luxury goods company in the New York Southern District federal court against the counterfeiters filed a lawsuit, and said the person involved in the importation of money into the Bank of China branch of the domestic bank, asked the Bank of China to provide account information. Bank of China in the above litigation is neither a party nor accused of misconduct, only because of the judicial conflict between the two countries by the US court ruled "contempt of court", and was punished on a daily basis. In this incident, whether through the "Hague Evidence" evidence to become the focus. Bank of China believes that under Chinese law, foreign subjects should obtain evidence from China within the framework of mutual legal assistance provided by international treaties and shall not investigate and collect evidence in China without the permission of the competent authorities of China. In fact, the Bank of China has proposed under the "Hague Evidence Convention" and other international treaty cross-border evidence of the solution, the US courts have tried to coordinate, but was rejected by GUCCI company. The American Civil Procedure Rules give the solicitor a wide range of forensic powers, but few countries allow the US courts to submit evidence directly to their citizens or organizations, as this is often seen as a violation of the sovereignty of other countries. It is precisely because of the different judicial ideas and systems, so that many Chinese innocent people, including the victims of judicial conflict. GUCCI in the United States litigation, can be described as far away. Bank of China lawyers, security law firm Jiang Ying 10 on the matter to accept the news agency interview, said that if GUCCI companies choose to use the "Hague Evidence Convention", they can get the relevant account information. GUCCI also has the right to sue in China and get assistance from Chinese courts in obtaining information and freezing accounts. China's judiciary is now increasingly concerned about the protection of intellectual property rights, only GUCCI's law firm in China had three cases of intellectual property litigation related to success stories, to help GUCCI litigation in China is not difficult. China has a sound legal system for the protection of intellectual property rights, participated in a number of international IPR protection conventions. The Supreme Court publishes to the public the "judicial protection of intellectual property rights in China's courts" and the typical cases, and continuously strengthen the judicial protection of intellectual property rights. At present, most of the people's courts above the intermediate level have set up a special intellectual property court, in 2014 Beijing, Shanghai, Guangzhou also set up an intellectual property court. Jiang Ying said that in accordance with China's "Civil Procedure Law", the application of ordinary proceedings for the first instance of the case is generally within six months from the date of filing, the appeal case is generally in the second instance filing within three months from the date of conclusion. If GUCCI had sued the fake fake in China's court, the case must have been executed, not only to stop the infringement in time, but also to avoid high costs of litigation. Author: Wei ??


117843000:2017-04-05 17:34:40