What is the meaning of the crime of counterfeiting/unauthorized production of registered trademarks
This It is a newly stipulated crime that refers to violations of industrial and commercial administration regulations, forging or manufacturing registered trademarks of others without authorization, or selling forged or unauthorized registered trademarks, resulting in relatively large illegal gains or other serious circumstances.
The constitutive characteristics of this crime are:
( 1) The criminal subject is a general subject, including individuals or units.
(2) The object of the crime is the state’s exclusive right to the registered trademark management system and other people’s registered trademarks. Forgery, unauthorized manufacture or sale of trademarks registered by others is also an act of infringement of the registered trademark rights of others. It is an act that is harmful to the social economy. If the circumstances are serious, it constitutes a crime and should be punished.
(3) The subjective aspect of the crime is intentional, that is, knowing that it is an act that infringes on the ownership of another person's registered trademark, but still carrying out this act.
(4) The objective aspect of the crime must be the forgery, unauthorized production or sale of registration by others Trademark act.
According to legal provisions, the result of this crime must be a large amount of illegal income or other serious circumstances. The so-called other serious circumstances refer to accomplices who conspire with criminals who counterfeit registered trademarks of others and provide criminals with convenient conditions for manufacturing, selling, using, warehousing, transporting, mailing, concealing, etc. Use bribery and other means to sell counterfeit goods. Producing trademarks registered by others without authorization. Causes adverse effects due to counterfeiting or unauthorized production of other people's registered trademarks.
If the above four conditions are met at the same time, the conditions for this crime are met and the crime is constituted.crime. Whoever commits this crime and the amount of illegal gains is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance, and may also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined gold.
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