Crime of counterfeiting registered trademark How to identify
(1) Main Requirements
This The subject of the crime is a general subject, and both natural persons and units can become the subjects of this crime. As far as natural persons are concerned, as long as the perpetrator reaches the legal age of criminal responsibility and has the ability to commit criminal responsibility, the perpetratorThe act of counterfeiting a registered trademark can constitute a crime. As far as the unit is concerned, if the unit commits the act of counterfeiting someone else's registered trademark and it constitutes a crime, a double penalty system will be implemented, that is, the unit will be fined, and the directly responsible person in charge and other directly responsible personnel will be held criminally responsible in accordance with the law.
(2) Object requirements
The objects infringed by this crime are the legitimate exclusive rights of others to register trademarks, and National trademark management order. The criminal object of this crime is someone else's registered trademark, but it only includes product trademarks, not service trademarks.
(3) Subjective aspects
The subjective aspect of this crime is intentionality, that is, the perpetrator knows that a certain trademark is the registered trademark of another person, and uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner. Generally speaking, perpetrators of the crime of counterfeiting other people's registered trademarks have the purpose of making a profit. However, according to the criminal law, "for profit" is not a constitutive element of the crime of counterfeiting registered trademarks. Some counterfeiting of trademarks may also be done to damage other people's registered trademarks. The reputation of the trademark, etc. Regardless of the motive or purpose, it does not affect the constitution of this crime. If it is due to negligence, that is, if you really do not know that the trademark you are using is a registered trademark of others, it does not constitute this crime and can be treated as a general trademark infringement.
(4) Objective aspects
The objective aspect of this crime is that the perpetrator uses the same trademark as his registered trademark on the same product without the permission of the owner of the registered trademark, and the circumstances are serious.
1. The perpetrator must use the same trademark as the registered trademark of others on the same kind of goods. On the one hand , the goods for which the actor uses the trademark and the goods for which the trademark is registered must be the same kind of goods; on the other hand, the trademark used by the actor is the same as the registered trademark of others.
2. The perpetrator uses a trademark that is the same as another’s registered trademark without the permission of the registered trademark owner. In practice, If the perpetrator did not intentionally use the registered trademark subjectively but because of negligence; or the act of counterfeiting someone else’s registered trademark does not reach a serious level, it does not constitute the crime of counterfeiting a registered trademark. Therefore, it must be accurately grasped Regarding the boundary between crime and non-crime of the crime of counterfeiting registered trademarks, because the penalties for illegal acts and criminal acts of counterfeiting other people's trademarks are different, once it is wrongly determined, it will have a great impact on the parties involved.
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