Is there criminal liability for selling goods with counterfeit registered trademarks?

In daily life, everyone often pays attention to relevant news about the sale of goods with counterfeit Registered trademarks. With the development of society, such incidents occur frequently. So, is there criminal liability for selling goods with counterfeit registered trademarks? The editor of Legal Savior Network has compiled the following content to answer your questions and we hope it will be helpful to you.

Is there criminal liability for selling goods with counterfeit registered trademarks

Selling counterfeit registered trademarks Trademarked goods will constitute the crime of selling goods with counterfeit registered trademarks, and will bear criminal liability. The elements of the crime are as follows:

1. The crime The subject is a general subject, that is, it can be any unit or individual;

2. The object of the infringement is other people's legitimate registered trademark rights and the national trademark management order;

3. The subjective aspect must be intentional, that is, knowingly Products sold under counterfeit registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime;

4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of distribution is relatively large. Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing.

Article 214 of the "Criminal Law of the People's Republic of China" Anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to not more than three years. Fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

The above knowledge is the editor's answer to the question "Is there criminal liability for selling goods with counterfeit registered trademarks?" If you need more legal help, Welcome to Legal Savior Network for legal consultation.