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Nanning Zhuokang Company fights fake rights

众所周知,假医械如同假药、假酒、假烟、假奶粉一样令人可恶。 **** As we all know, fake medical equipment is just as abominable as fake medicine, fake wine, fake tobacco, fake milk powder. However, in recent years, Nanjing Zhuokang Medical Devices Co., Ltd. has faked the "Xianquan" counterfeit which is exactly the same as the company's products. It has not performed clinical trials and identification of the results. And the tabloids made false publicity, the appearance of the product was deliberately the same as that of the company, and the product was produced by "Duokang Company", which made people mistakenly believe that the quality, performance and use of the product were the same as that of the company. The unique names of the products of Nanjing Zhuokang Medical Equipment Co., Ltd. and our products are exactly the same, and the appearance is the same, which makes it difficult to distinguish between genuine and fake, and easily confused. Nanjing Zhuokang Medical Devices Co., Ltd. also used the company ’s good medical effects, social impact and advertising persuasion to lie on the “Baidu.com” for a long time that “the company is the general distributor of Zhuokang brand small molecular ion water bottles in Jiangsu”, In order to promote their counterfeit products and deceive consumers. In the past year, according to consumers in Nanjing, Wuxi, Changzhou, Danyang, Changshu, Shenzhen, Zhuhai, Lanzhou, Shijiazhuang, Qinhuangdao, Jilin City, Beihai and other places, they called and said that they bought the defendant's goods and went home to take a closer look. When I started searching online, I found out that a company in Nanjing had used various certifications of the company to fake counterfeit goods that were mixed with the company.
2008年5月17日本公司到无锡市健康路114号无锡泽康医疗器械公司小分子水专卖店踩点拍照[见证据图(1)]**** On May 17, 2008, a Japanese company went to the small-molecule water specialty store of Wuxi Zekang Medical Devices Co., Ltd., No. 114 Jianjian Road, Wuxi, to take photos [see evidence map (1)] . The company's specialty store employees said the boss was in Nanjing. Nanjing Zhuokang Medical Equipment Co., Ltd. authorized the company to be the national general agent of counterfeit products.The upper layer of the container holds the stolen company's 2005 medical device registration certificate (downloaded privately from the company's website without the plaintiff's official seal), and a letter of authorization entrusting Wuxi Zekang Medical Device Co., Ltd. as the general agent [see evidence (Figure (7)] .The counterfeit Xianquan brand is placed in the cabinet, but the photo of Zhuo Kang brand is printed on the box, and the price tag is affixed [see evidence map (9)] .The store also many that have used the box of the first printing, of course, there are the second batch of boxes now use [see map evidence (5)].On the top of the store's cabinet, a packaging box printed with the company's Zhuo Kang brand product and the inventor Lu Jiang's half-length photo is displayed as a cover [see the evidence map (2)] for details .During the distribution of our company ’s Zhuokang brand products before 2004, two new banners were given by Zhuo Kang product users You Yixin and Ji Lijuan in January and March 2003, embroidered with “Scientific Drinking Water Healthy Longevity” and "Shenshui in the world serves the people" [see the evidence map (3) for details] .The door glass cabinet is covered with a range that can treat the disease [see the evidence map (4) and (8) for details] .The layout of the store fully explains the product name, packaging, appearance and text, pursues the same products of our company, and uses certification marks, awards and other quality marks to falsely confuse and misunderstand the product's performance and use, which is misleading. 2. Purchase by mistake [see evidence map (3) for details] . Please understand what is a fake product, and its infringement and plagiarism must be brought to justice. It cannot be allowed to continue to sell its fake products and deceive consumers. A small number of people sell fakes on Taobao, or use the book of our company's inventor Lu Jiang as a cover to actually sell "Xianquan" fakes.

(12 photos are now provided as evidence)

Figure (7) The medical device registration certificate of Nanning Zhuokang company is placed in the container of Wuxi specialty store (download from the Internet privately)

Figure (7) Authorization letter from Nanjing Zhuokang Company to Zekang Company (small molecular ion water bottle)

--How to identify fakes?

“南宁卓康医疗器械有限责任公司”公章的《产品信誉卡》来承诺疗效的。 1. The product does not have the "Product Credit Card" stamped with the official seal of "Nanning Zhuokang Medical Devices Co., Ltd. " to promise the curative effect. 2. Although all the Chinese and English are plagiarized on the outer box, there is no bust of the inventor Lu Jiang. 3. The company's nameplate (including address and telephone) is not affixed to the product, and the company's product barcode and anti-counterfeiting logo are not affixed. 4. Misappropriate our company's medical device registration certificate, patent number, awards, corporate standards, technical record certificate, plagiarized scientific and technological achievements appraisal opinions, and described the product functions and uses as the same as our products.

5. Photographs of misappropriation of products containing our company's "Zhuokang" registered trademark printed on the front side of its product box, brochures or publicity tabloid pictures are fakes.

--What if I have bought a fake?

向原来销售给你的商店提出退货要求。 ---- Submit a return request to the store where it was originally sold to you. If you don't accept it, you should report it to the local bureau of industry and commerce or the consumer association, stating that Xianquan is a fake and shoddy product, and it is an illegal product that operates without a license and operates beyond the scope.

--- The results of the lawsuit against fraudulent rights are now notified to the public:

根据南京市中级人民法院于2009年6月6日的《民事判决书》(2008)宁民三初字笫352号,判决被告南京市卓康医疗器械有限公司立即停止侵犯-原告的著作权的行为;被告以书面方式在《扬子晚报》刊登声明(内容需经法院审核),公开向原告赔礼道歉;被告赔偿原告经济损失; (1) --According to the Civil Judgment (2008) Ningmin Sanchu Zi No. 352 of the Intermediate People's Court of Nanjing on June 6, 2009, the defendant Nanjing Zhuokang Medical Devices Co., Ltd. was stopped immediately - Plaintiff Behavior of copyright; the defendant published a statement in written form in the "Yangzi Evening News" (contents need to be reviewed by the court), and publicly apologized to the plaintiff; the defendant compensated the plaintiff for economic losses;

根据南京市中级人民法院于2009年6月6日的《民事判决书》(2008)宁民三初字笫353号,判决被告南京市卓康医疗器械有限公司立即停止冒用原告享有使用权的产品质量标志和虚假宣传的不正当竞争行为;判决被告停止销售含虚假宣传内容的涉案产品;被告赔偿原告经济损失。 (2)-Based on the Civil Judgment (2008) Ningmin Sanchu Zi No. 353 of June 6, 2009 by Nanjing Intermediate People's Court, the defendant Nanjing Zhuokang Medical Devices Co., Ltd. immediately stopped using the plaintiff. The product quality mark that enjoys the right to use and unfair competition acts of false publicity; the defendant was ordered to stop selling the products involved in the false publicity; the defendant compensated the plaintiff for economic losses.

南京市卓康医疗器械有限公司已于2008年不再向当地工商局申报年审。 (3) - Zhuokang Nanjing Medical Devices Co., Ltd. in 2008. The annual declaration no longer to the local industrial and commercial bureau. According to the staff of the Economic Inspection Division of the Liuhe Industry and Commerce Branch of the Nanjing Industry and Commerce Bureau, according to China's industrial and commercial management regulations: Nanjing Zhuokang Medical Devices Co., Ltd. has been revoked by itself.

据当前江苏省群众反映:目前常州市润丰源医疗器械经营部,现仍在销售“仙泉”牌离子水瓶,仍未停止销售含虚假宣传内容的涉案产品,产品的包装盒、产品和说明书上还继续冒用原告享有使用权的产品质量标志,并进行虚假宣传的不正当竞争行为。 (4) -According to the current reports from the masses in Jiangsu Province: At present, Changzhou Runfengyuan Medical Device Operation Department is still selling "Xianquan" brand ion water bottles, and has not stopped selling the products involved in the case with false publicity content and product packaging. The box, product and manual also continued to use the product quality mark that the plaintiff enjoyed the right to use, and carried out unfair competition acts of false publicity. Please pay attention to identifying and condemning the fakes. The quality of the fakes is not guaranteed. Its production company Nanjing Zhuokang Medical Devices Co., Ltd. has been withdrawn, the phone cannot be reached, and no one is responsible. The address for selling fakes is: No. 18-14 Yuanfengyuan, Tianning District, Changzhou City (opposite to Tianning Temple, 100 meters east of the river along the Yuanfeng Bridge).

见本公司诉南京卓康医疗有限公司冒用产品质量标志、虚假宣传不正当竞争案的南京中院352判决书(可点击打开) , (5) -See the judgment of Nanjing Intermediate People's Court 352 (click to open) of Nanjing Intermediate People's Court in which the company v. Nanjing Zhuokang Medical Co., Ltd. used the product quality mark for fraud and falsely promoted unfair competition .

见南京中院第353判决书(可点击打开)。 ---- See judgment 353 of Nanjing Intermediate People's Court (click to open).