Date of
Judgment: July 20,1971
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Criminal)
Subject
Matter: Trademarks
Main
text of the judgment (decision):
The
final appeal shall be dismissed.
Reasons:
From
among the grounds for the final appeal according to Appellant's attorney, ●●●●,
the point made about violation of Article 31 of the Constitution constitutes,
in substance, entirely an assertion about a factual error or mere violation of
law, and the point made about violation of a legal precedent concerns citing of
a legal precedent which is not appropriate for the present case due to the
subject covered, and other points of the gist of the argument concern
assertions about factual errors, mere violation of law, and inappropriateness
of sentencing, so that none of them constitutes lawful grounds for the final
appeal (in the case of possession, without legitimate authority, of goods
affixed with a registered trademark on the packaging for designated goods for
the purpose of selling the same, if the content is the trademark right holder's
own product and, furthermore, the content is new, such possession shall not
have any influence on the establishment of a crime according to Article 37,
item (ii) and Article 78 of the Trademark Act, and next, even if the packaging
has no aesthetic element in particular, and even if the packaging is mainly for
protecting the goods for transportation, a cardboard box, as a container for
the product, constitutes the "packaging of goods" as stipulated in
Article 37, item (ii) of the same Act, and it should not be considered
necessary that the act stipulated in the same items of the same Article is
always conducted as a business. Accordingly, the rulings made by the court of
prior instance, whose purport is the same as the above, are entirely
justified.)
Therefore,
the judgment of this court is rendered unanimously by all judges, as per the
main text, by application of Articles 414, and Article 386, paragraph (1), item
(iii) of the Criminal Procedure Code.
(This translation is
provisional and subject to revision.)