In mid-March 2019, Liu Zhongrong, the representative inheritor of Shanghai ’s non-legacy project “Shanghai Jade Carvings”, received a call: a collector asked him to prove that he had spent the app “Lu Zang” through the online auction platform Is the jade carving work “Qiushan Convergence Pictures” photographed at 74,000 yuan, not Liu Zhongrong’s work.

This collector introduced that the identity certificate of the artwork issued by this work was identified by Shanghai Gongmei Art Appraisal Center (domain name is “cacc.cn”). The work was created by Liu Zhongrong and marked with the registered trademark of “Zhongrong Yudian” applied by Liu Zhongrong.

Recently, Liu Zhongrong told reporters at www.thepaper.cn in an interview that he felt wrong when he saw this work. In his impression, he did not carve such a work at all; the second is that his work would be much higher than this price.

After that, Liu Zhongrong entrusted the company ’s legal department staff to search the “龘 藏” App and found that there were 67 links with his own trademark “忠 荣玉典”. Liu Zhongrong felt that things were not right. After a series of investigations, he found that the clues pointed to someone. Xin Jianjun, the general manager hired by his studio before.


Whose “Zhong Rong Yu Dian”

The data shows that Liu Zhongrong, who has the title of “Master of Jade Carving in Shanghai School,” He has been engaged in the jade carving industry since 1972. For 48 years, he has been awarded such titles as the master of Chinese arts and crafts and the representative inheritor of the Shanghai-style non-legacy project “Shanghai Jade Carving”.

“Zhongrong Yudian” is a trademark applied for registration by Liu Zhongrong to the Trademark Office of the State Administration for Industry and Commerce in 2009. Liu Zhongrong told reporters, “Since the application, this trademark has not changed the applicant, nor has it been transferred, nor has it signed a trademark license contract with people and units outside the studio, allowing others to use the registered trademark.”

However, when the reporter searched for the trademark “Zhongrong Yudian” on the China Trademark Network, it was found that the trademark was in the “examination / invalidation application review”.

In response, Liu Zhongrong ’s attorney explained, “This is after we sued Xin Jianjun, he entrusted others to file an objection to the State Trademark Office. The reason for the objection is This trademark has not been used for 3 years and has been applied for revocation, but it is impossible. WeI have submitted certification materials and responded to the State Administration of Trademark. I personally think that this is the normal method in the case of trademark registration infringement and does not affect Liu Zhongrong ’s holding of the trademark. ”

According to reports, in March 2019, Liu Zhongrong immediately sent a lawyer ’s letter to the website ’s operating company after discovering counterfeit works, but did not get a reply. Until June In addition, a collector called to verify, and also purchased a jade carving with identification and the trademark “Zhongrong Yudian” on “Yangzang”.

< / div> In order to preserve the evidence, Liu Zhongrong notarized through the Xuhui Notary Office and confirmed that 81 similar pieces of the above-mentioned similar works were auctioned on the “Lu Zang” platform, with a total transaction price of about 8.66 million yuan.

Liu Zhongrong also communicated with Chengdu Chonggu Shangzhen Network Technology Co., Ltd. and Chengdu Shanggu Auction Co., Ltd., which is the platform operating platform of the “Zangzang” platform, and learned that it was Xin Jianjun who provided these jade carving works. The rework order shows that from July 2011 to December 2017, he served as the general manager of Shanghai Zhongrong Yudian Studio.

A copy provided by the above two companies ” “Zhongrong Yudian” art brand strategic cooperation agreement shows. On May 26, 2018, representative Xin Jianjun Hai Zhongrong Yudian Art Studio signed this contract.

A person from a company in Chengdu told Peng Pai news reporters that Xin Jianjun was based on the studio ’s The identity of the general manager came to discuss, “We also verified his job status, but we did not know that he had left his post at that time. After signing the agreement, we did not review the work, and we are also victims. ”

In addition, Liu Zhongrong also told Peng Pai News that during the tracing process, he found that Tibetan friends believed that the auction was an important reason for the auction is the identification certificate.

The team of lawyers found that it was Shanghai Aixi Anti-counterfeiting Technology Co., Ltd. that developed this certificate.

From this According to the contract provided by the company and the chat record with Xin Jianjun, in June 2018, Xin Jianjun made 1,000 identification certificates at a price of 30 yuan each. During this process, the company that produced the certificate did not provide any proof or For other material requirements, as long as Xin Jianjun provides design pictures.

After Liu Zhongrong completed his investigation, a paper complaint brought Xin Jianjun and the above three companies to court . According to Liu Zhongrong, the above three companies quickly reached a settlement agreement with him, the two companies in Chengdu will make a profit of 900,000 yuan, and Shanghai Aixi, who makes the certificate, will make a profit The 30,000 yuan was returned to Liu Zhongrong, and Liu Zhongrong withdrew the lawsuit against the three companies.

On January 15, 2020, the civil lawsuit was held in Shanghai Xuhui District People ’s Court, Chengdu Chonggu Shangzhen Network Technology Co., Ltd. and Chengdu Shanggu Auction Co., Ltd. The representative said in court that at the time Xin Jianjun signed the contract as the general manager of Shanghai Zhongrong Yudian Art Studio. The contract only had Xin Jianjun ’s personal signature, and there was no official seal of the studio. The company I have also checked the relevant information before, and Xin Jianjun is indeed the general manager of this studio, but when Xin Jianjun came to talk about the business, he did not mention the circumstances of the cancellation of the contract.

Xin Jianjun never believed that he was infringing in the process. The reporter also called Xin Jianjun. Xin Jianjun said, “The case is already in litigation. The infringement court has the final say, I have nothing to say. “


Police did not file a case

At the same time, Liu Zhongrong also reported to the Shanghai Minhang police on the grounds of “selling counterfeit registered trademarks”, but in 2019 On December 10, Minhang Public Security Branch refused to file the case on the grounds of “no criminal facts”.

A person familiar with the matter said that the reason why the Public Security Bureau did not file a case, “First, the Public Security Bureau did not find whether Xin Jianjun had any evidence of subjective infringement, on the other hand, Xin There is no way to confirm whether the works sold by Jianjun were produced during his work for Liu Zhongrong or after leaving. It is understood that the two had previously opened the company together and had a cooperative relationship. After 2011, they separated and this company can be used before. “Zhongrong Yudian” the trademark “.

Industry registration information shows that Liu Zhongrong and Xin Jianjun once established Shanghai Boshixuan Art Co., Ltd. in 2002. Both parties have 50% equity, but the company is in It was revoked in February 2011.

Liu Zhongrong explained to reporters, “Originally, it was operated through this company. After the studio was established in 2005, this company was no longer in operation, and no taxes were paid. The social security was revoked. It should be emphasized that the trademark was applied for personally by me in 2009. I am the sole owner of the trademark and I have not authorized this company to use it, so there is no separation from Xin Jianjun.statement. ”

According to him, after the incident, he tried to communicate with Xin Jianjun, but the effect was not good.

“I personally have no contradiction with Xin Jianjun. Although he left the company in 2017, although he proposed it from the studio, it was properly discussed. As for why the studio proposed to terminate its labor relationship, first, because the jade carving industry itself is not very prosperous, considering from a cost perspective, there are still several people who cancel the contract with Xin Jianjun. The second is Xin Jianjun’s personal problems, so this decision was made. Liu Zhongrong said.

Liu Zhongrong also told reporters that in response to the decision not to file a case, he has applied to Minhang Police for administrative reconsideration, but the Minhang District Public Security Bureau still maintained it. The decision not to file the case.

Liu Zhongrong once again applied to the Shanghai Municipal Public Security Bureau for application review. On March 11, 2020, the Shanghai Municipal Public Security Bureau made a “maintain review Decision “.

Liu Zhongrong told Peng Pai journalists,” On the basis of the existing evidence, especially after the court hearing, the fact that Xin Jianjun infringed was fully explained, I I think the decision of the Public Security Bureau is debatable. At present, I have filed a complaint with the People’s Procuratorate of Minhang District. “