How is the crime of colluding to sell illegal trademarks constituted?

That is, the subject is an enterprise, institution or individual, and the subjective aspect is intentional; the object of the infringement is the country's trademark management system and the exclusive right of others' registered trademarks; the objective aspect is the violation of trademark management regulations, the sale of counterfeit or unauthorized trademarks, and the circumstances serious. Regarding the question of how the crime of colluding to sell illegal trademarks is constituted, the editor of Legal Savior Network will give you a detailed answer below.

1. How the crime of collusion in selling illegal trademarks is constituted

1. Collusion How to constitute the crime of selling illegal trademarks: The crime of colluding to sell illegal trademarks can be constituted if the following elements are met: that is, the subject is an enterprise, institution or individual, and the subjective aspect is intentional; the object of the infringement is the country's trademark management system and the exclusive right of others to register trademarks ; Objectively, it violates trademark management regulations and sells counterfeit or unauthorized trademarks, and the circumstances are serious.

2. Legal basis: "Criminal Law of the People's Republic of China"

210 Article 5: Whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined; if the circumstances are particularly serious, shall be sentenced to not less than three years and ten years in prison. to fixed-term imprisonment of not more than 10 years and to a fine.

Article 220: If a unit commits the crimes specified in Articles 213 to 219-1 of this Section, The unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section. 2.

2. What are the standards for filing crimes of illegally manufacturing and selling illegally manufactured registered trademarks

Forgery, Anyone who manufactures other people's registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks and is suspected of one of the following circumstances shall be prosecuted:

1. Forgery, The number of counterfeit or unauthorized registered trademarks and logos produced or sold without authorization exceeds 20,000, or the amount of illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 3More than 10,000 yuan;

2. Counterfeiting, unauthorized manufacturing or selling of more than 10,000 pieces of two or more registered trademarks, or illegal business operations The amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan;

3. Other serious circumstances. Collusion to sell illegal trademarks is a complete violation of trademark management regulations. This behavior can easily lead to serious losses to the interests of others. As long as it constitutes a crime, you must bear criminal responsibility. Generally, the punishment depends on the case. The judgment will be based on the actual situation. If the crime is committed by an unit, not only the unit will have to bear the fine, but the person responsible will also have to bear fixed-term imprisonment.

Through the above detailed introduction, I believe everyone should have understood the relevant legal knowledge on how to constitute the crime of colluding to sell illegal trademarks. I hope the above content can be helpful to you. , if you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.