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Fake whisky woman jailed in China

16:25, Jan 25 2013

 

A woman who sold fake Scotch whisky has been jailed for four years in China in a legal first for the country, according to an industry body.

Wholesaler Li Cuihong offered a range of fake alcoholic drinks in Urumqi in the west of China.

Some of them were labelled as Scotch whisky when they were in fact unaged Chinese spirits containing artificial flavouring.

She was prosecuted by the Chinese authorities and ultimately handed the jail term and a £50,000 fine, the Scotch Whisky Association said.

The body said that while there have been previous convictions for the misuse of company trademarks in China, it was the first prosecution for misusing the term "Scotch whisky", which has been a trademark in China since 2008.

Lawyers told the judge at Tianshan District Peoples Court in Urumqi that if the fake spirits were sold they would cause "enormous damage" to the trademark owners and consumers, the SWA said.

The accused's legal team argued that 1,400 bottles carrying the fake whisky trademark should be disregarded when passing sentence because they did not resemble any international whisky brands.

But judge Chan Zhang was said to have rejected the argument and made it clear that misuse of the words Scotch whisky alone amounted to a serious offence.

The SWA said the decision was a success for its legal protection work in China. An agreement was reached with the country in 2010 that only whisky produced in Scotland can be marketed as Scotch to Chinese consumers.

SWA legal adviser Lindesay Low said: "The Chinese authorities are very supportive in the fight against fakes and this case shows they are willing to crack down on those involved. This conviction of someone selling fake Scotch whisky should be an example to others involved in this dangerous business, which is damaging for both consumers and the legitimate drinks industry."

 

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