What is the meaning of the crime of selling goods knowingly counterfeiting registered trademarks?

The crime of selling goods with counterfeit Registered trademarks is a crime against intellectual property rights. In addition to relevant provisions in the criminal law, my country also has many judicial interpretations in this regard. Some friends will be confused, what is the meaning of the crime of selling goods that are knowingly counterfeit registered trademarks? Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the meaning of the crime of selling goods knowingly counterfeiting registered trademarks

The crime of selling goods knowingly counterfeiting registered trademarks refers to the act of violating trademark management regulations, selling goods knowingly counterfeiting registered trademarks, and obtaining a relatively large amount of illegal income.

The conditions for this crime are:

(1) The criminal subject is an individual or unit engaged in wholesale, supply and marketing, retail and other business activities.

(2) The object of the crime is the registered trademark rights of others. Selling goods that are knowingly counterfeit registered trademarks is a joint infringement with the counterfeiter of registered trademarks of others. Criminals who knowingly sell goods with counterfeit registered trademarks, knowingly selling goods with counterfeit registered trademarks and defrauding consumers are harmful behaviors to society.

(3) The subjective aspect of the crime is intentional, that is, knowingly selling goods with counterfeit registered trademarks and seeking illegal benefits. If the perpetrator does not know that the goods are counterfeiting registered trademarks and sells them, this crime will not be constituted. When determining the crime of selling knowingly counterfeit registered trademark goods, attention should be paid to distinguishing it from the crime of selling stolen goods. This crime is selling counterfeit registered trademark goods, while the crime of selling stolen goods is selling stolen money and stolen goods obtained from crime.

(4) The objective aspect of the crime must be the act of selling goods that are knowingly counterfeit registered trademarks. The specific manifestation is the act of deliberately purchasing, promoting, selling or peddling counterfeit registered goods. Only the sale of counterfeit registered trademark goods, if the amount is relatively large, constitutes a crime.

Whoever commits this crime and obtains a relatively large amount of illegal income shall be sentenced to imprisonment of not more than 3 years or criminal detention, and shall also or solely be fined; if the amount of illegal income is huge, , shall be sentenced to imprisonment of not less than 3 years but not more than 7 years, and shall also be fined.

The above is the content compiled by the editor for you. If you sell goods that you know are counterfeit trademarks, you need to bear legal responsibility. In addition to criminal liability, the perpetrator also needs to compensate the owner for the economic losses caused. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.