How to sentence the crime of selling goods with counterfeit registered trademarks

The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are knowingly counterfeit and registered trademarks, with a sales amount of more than 50,000 yuan. So how is the penalty for the crime of selling goods with counterfeit registered trademarks? Next, the editor of the Legal Savior Network has compiled some knowledge about this for you. You are welcome to read it!

How to sentence the crime of selling goods with counterfeit registered trademarks

Selling goods that are knowingly sold 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, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 2 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" stipulates: Sales knowingly registered as counterfeit If the sales amount of trademarked goods is more than 50,000 yuan, it falls into the category of "relatively large amount" stipulated in Article 214 of the Criminal Law. If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" stipulated in Article 214 of the Criminal Law.

According to Article 220 of the Criminal Law, if a unit commits this crime, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be fined.

Essential elements of the crime of counterfeiting registered trademarks:

1. The object infringed by this crime is a complex object, that is, the national trademark management order or the exclusive right of the trademark registrant. The object of this crime is a registered trademark, and unregistered trademarks cannot be the object of this crime.

2. The objective aspect of this crime is the act of violating trademark management regulations and selling goods that counterfeit someone else's registered trademark. Requirements for constituting this crime:

(1) The product must use a registered trademark.

(2) The registered trademark used is owned by a third party.

(3) When the product is sold as a counterfeit registered trademark of others, the consent of the trademark owner is not obtained.meaning.

(4) The sales amount is relatively large.

3. The subject of this crime is a general subject, that is, it can be any unit or individual.

4. The subjective aspect of this crime must be intentional, that is, knowingly selling goods with counterfeit registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime.

The above knowledge is the answer of the editor of Legal Savior Network to the question "How to sentence the crime of selling goods with counterfeit registered trademarks". If readers need legal advice For help, welcome to the Legal Savior Network for legal consultation.