1. Criteria for identifying the crime of selling counterfeit registered trademark goods
Selling counterfeit registered trademarks The standard for identifying the crime of trademarked goods is that if the perpetrator knowingly sells goods that are counterfeit registered trademarks, and the sales amount is relatively large, it constitutes the crime of selling goods with counterfeit registered trademarks, and he must bear criminal liability in accordance with the law.
2. Defense ideas for the crime of selling counterfeit registered trademark goods
The defense idea for the crime of selling counterfeit registered trademark goods is to put forward the defense reasons from the fact, the law, and the defendant's guilty plea attitude. Specifically, the defense reasons can be put forward from the analysis of whether the defendant's criminal facts proposed by the prosecutor are established; or Provide opinions on the application of the law in convicting and sentencing, and express opinions on the charges raised in the indictment, etc.
According to Article 210 of the Criminal Law of the People's Republic of China Article 4: Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine.
3. What type of crime does the crime of counterfeiting registered trademarks belong to?
Legal Savior Network reminds you that the crime of counterfeiting registered trademarks is a behavioral crime, that is, as long as the perpetrator is subjectively intentional (for profit) and objectively infringes upon others registered trademark rights, if the circumstances are serious, it constitutes this crime.
1. Behavioral crime refers to a crime that takes the completion of harmful behavior as a complete set of objective elements of the crime. As long as the perpetratorWhen the criminal act stipulated in the criminal law is completed, the objective aspect of the crime is complete and the crime becomes completed. In the crime of counterfeiting registered trademarks, when an actor with the purpose of profit infringes upon the legitimate registered trademark rights of others prohibited by law, and the circumstances are serious, this crime is constituted, and the sale of infringing goods is not considered as this crime. Elements. The objective aspect of completing the crime is to infringe upon the legitimate registered trademark rights of others, and the crime becomes a completed state. Therefore, the crime of counterfeiting a registered trademark is a behavioral crime.
2. The judicial interpretation’s provisions on “serious circumstances” and “particularly serious circumstances” involve both the “amount of illegal business operations” and the “amount of illegal gains”. situations and have different regulations. "Amount of illegal income" refers to the amount of profits earned from producing and selling infringing products. "Illegal business amount" refers to the value of all illegal commodities produced, manufactured, processed, selected or distributed by the perpetrator. This shows that even if the goods are not sold, as long as the infringing products involved reach the amount of illegal business stipulated by law, this crime will still be committed. It proves once again that whether the infringing products are sold and the amount of sales are not the essential elements for constituting this crime. Therefore it is not a result crime but a conduct crime.
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