Two Chinese citizens have been sentenced by the Criminal Court No. 1 of Arrecife to six months in prison for selling counterfeit handicrafts and souvenirs in an establishment in the industrial estate of Playa Honda. In addition, they must compensate the owner of the industrial property rights of the designs of the merchandise for the damages caused, although the amount will be determined in the execution phase of the sentence.
According to the ruling, which was published in the Official Gazette of the Canary Islands last week, the court considers it proven that L.Ch.W. and K.Ch.W, 35 and 32 years of age and with no criminal record, possessed in the Multicentro establishment, located on Caldeiro Street in the industrial estate of Playa Honda, handicrafts and souvenirs that were declared false.
The sentence states that L.Ch.W. and K.Ch.W, partner and administrator of said establishment, acting "in common agreement and with full knowledge of its illegality and guided by an unequivocal desire to enrich themselves illegally and knowing that they did not have the authorization of the owner or legal representative of the industrial property rights of the industrial design registration title", possessed said merchandise, which was seized by the Civil Guard.
According to a judicial expert report, the price of the seized effects if they had been original and the possible profit that the accused would have obtained from the sale of the effects would amount to 6,910.20 euros. However, it is stated that "the damages caused to the owner of the industrial property rights of the designs have not been fully accredited" and thus it will be in the execution phase of the sentence when the amount in which the convicted persons must compensate the same is determined. The sentence also indicates that the destruction of the seized goods is agreed.