1. The filing standards and criminal composition of the crime of selling goods with counterfeit registered trademarks
(1) Criteria for filing a case
1. An individual counterfeits someone else’s registered trademark and the illegal business amount exceeds 100,000 yuan;
2. The unit counterfeits other people's registered trademarks, and the illegal business amount is more than 500,000 yuan;
3. Counterfeiting other people's well-known names trademark or human drug trademark;
4. Although it does not reach the above amount standard, it has been administratively punished more than 2 times for counterfeiting other people's registered trademarks, and then counterfeited Registered trademarks by others;
5. Causing adverse effects. The first situation is "an individual counterfeits someone else's registered trademark, and the illegal business amount is more than 100,000 yuan." A case should be filed and investigated.
(2) Crime composition
1. The subject of this crime is a general subject, that is, it can Any unit or individual.
2. 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.
3. 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.
4. The objective aspect of this crime is the act of violating trademark management regulations and selling goods that counterfeit others' registered trademarks.
2. Requirements for the crime of selling goods with counterfeit registered trademarks
1. This product must use a registered trademark.
2. The registered trademark used is owned by a third party.
3. When the product was sold as a counterfeit registered trademark of others, the consent of the trademark owner was not obtained.
4. The sales amount is relatively large.
3. Identification of the crime of selling goods with counterfeit registered trademarks
1. Pay attention to the boundaries between sin and non-crime. The main difference lies in:
(1) Whether the amount of illegal income from intentionally selling goods with counterfeit registered trademarks meets the criteria for conviction. According to the judicial interpretation, if the individual sales amount is more than 50,000 yuan, and the unit sales amount is more than 500,000 yuan, a case should be filed for investigation. Those who fail to meet the above amount standards shall be subject to corresponding administrative penalties by the relevant departments.
(2) Negligently selling goods with counterfeit registered trademarks does not constitute a crime.
(3) Selling counterfeit products with unregistered trademarks does not constitute the crime of selling goods with counterfeit registered trademarks.
2. The boundary between this crime and the crime of counterfeiting registered trademarks. The main difference between the two is:
(1) The objects of crime are different. The former’s crime object is goods with counterfeit trademarks, while the latter’s crime object is someone else’s registered trademark.
(2) Objective performance is different. The objective manifestation of the former is that the perpetrator sells goods that he knows are counterfeit registered trademarks; the latter manifests itself in the perpetrator using the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark.
