What are the provisions for the crime of counterfeiting registered trademarks?

The crime target of the crime of counterfeiting registered trademarks, according to Article 213 of the Criminal Law, is the crime target of the crime of counterfeiting registered trademarks. However, there are currently disagreements among my country’s criminal law theorists on whether the crime of counterfeiting registered trademarks includes service trademarks. What are the provisions for the crime of counterfeiting registered trademarks? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the provisions for the crime of counterfeiting registered trademarks

According to Article 213 of the Criminal Law, counterfeit registration The object of trademark crime is registered trademarks. However, there are currently disagreements among my country’s criminal law theorists on whether the crime of counterfeiting registered trademarks includes service trademarks. The author believes that the crime of counterfeiting registered trademarks should include service trademarks. Service trademarks, also called service marks, are special marks used by service industry operators to distinguish the services they provide from the same or similar services provided by others. According to the provisions of the Trademark Law, owners of commodity trademarks and service trademarks have the same rights to their registered trademarks and receive equal protection by law.

At the same time, protecting service trademarks has also become a world trend. The TRIPS Agreement requires each member party to establish criminal procedures and penalties to punish intentional counterfeiting of trademarks on a commercial scale. Among them, counterfeiting of trademarks includes counterfeiting registered service marks.

However, giving protection to registered service marks under the Criminal Law is only the status quo of the Criminal Law. At present, our country's Criminal Law uses the following to describe the composition of this crime. It is "on the same kind of goods". In the literal sense, "goods" are indeed different from "services". Based on this understanding, the criminal targets of this crime should be limited to commodity trademarks, not including service trademarks. Obviously, the criminal legislation on this point There are omissions. According to the principle of statutory crime and punishment, if service trademarks are used as the object of the crime, it violates this basic principle of the Criminal Law. Therefore, the author believes that it is necessary to make up for and improve it through the revision of the Criminal Law.

If you still have any questions, the Legal Savior Network also provides lawyers Online consultation service, you are welcome to provide legal consultation.