How to define jurisdiction over the commodity crime of counterfeiting registered trademarks

It clarifies which court should exercise jurisdiction over the case involved, and which places can be regarded as the place where the infringement is committed or the result of the infringement occurs. Among them, the regulations also provide detailed provisions on the place where the infringement is committed and the result of the infringement occurs in the information network environment. For example, if the infringer is a natural person, his or her domicile shall be the place where the result of the infringement occurs on the information network. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. How to define jurisdiction over the crime of counterfeiting registered trademarks

On the issue of jurisdiction over counterfeit trademark infringement cases, the specific provisions include jurisdiction over the case It clearly defines the rights and strictly stipulates the place where the infringement is committed and the place where the infringement results occur. It also covers the specifications for information network infringement, including the place where the infringement is committed on the information network and the place where the infringement results occur on the information network. The place of residence of the infringed party must be used as a reference.

"Civil Procedure Law"

Counterfeiting trademark infringement cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes: the place where the infringement is committed and the place where the result of the infringement occurs.

2. How long is the typical sentence for trademark counterfeiting of RMB 80,000?

Criminals involved in violating the Counterfeiting Registered Trademarks Act will be subject to severe criminal sanctions, and their specific prison terms will vary according to the degree of behavior.

For cases with "serious circumstances" and "particularly serious circumstances", the law stipulates clear sentencing standards: In Article 213 of the legal provisions, any of the following situations can be regarded as "serious circumstances":

(1) The illegal business amount is 50,000 yuan or more;

(2) The amount of illegal income is RMB 30,000 or more.

At the same time, if you counterfeit two or more registered trademarks, and the illegal business amount reaches 30,000 yuan or more, or the illegal income amount is 20,000 yuan or more, it will also be judged as "serious circumstances." .

As long as there are any other serious circumstances, it can be identified. For "serious circumstances"

Similarly, in Legal Article 210. Among the three articles, any of the following situations can be considered "particularly serious":

(1) The illegal business amount is RMB 250,000 or more;

(two) The amount of illegal income is RMB 150,000 or more.

If two or more registered trademarks are counterfeited, and the illegal business amount reaches fifteen If the amount of illegal income is RMB 100,000 or more, or the amount of illegal income is RMB 100,000 or more, it will also be judged as "the circumstances are particularly serious."

Finally, as long as there is any other particularly serious situation, you can It was deemed as "particularly serious".