How to determine the value of unsold goods in the crime of selling goods with counterfeit registered trademarks
According to the purchase order and delivery Calculate the value of the goods based on the prices of relevant documents such as bills, accounting sheets, sales price lists, etc.
In the process of handling the case, the judicial authorities will obtain and A series of evidence related to determining the value of unsold goods with counterfeit registered trademarks.
These evidence may include: price tags, product sales Documentary evidence such as orders, purchase orders, delivery orders, accounting bills, sales price lists, suspects' confessions, buyers' testimonies, prices of similar counterfeit goods on the market, etc.
The price tag is the way the seller indicates the price. During the actual sales process, there may be discounts or other discounts, or the price may be listed as a retail price. In fact, it is mostly wholesale. There may be a big gap between the actual sales price and the price tag. Many merchants do not place price tags on counterfeit goods. Therefore, in practice, it is extremely common that there is no price tag. Even if there is a price tag, it cannot be concluded on this basis and should be confirmed by reference to other evidence.
Purchase order, delivery order , accounting bills, and sales price lists are relatively objective and true. However, in practice, sellers often do not indicate the product name, brand, or price on these documents in order to prevent being held accountable because they know they are counterfeit, which also makes it difficult to handle cases.
The suspect's confession and the buyer's testimony are often In order to shirk responsibility, the price was stated as low as possible. Since there is no other evidence to prove it, it is difficult to use it as a basis for conviction and sentencing.
The price of similar counterfeit and counterfeit goods on the market is also determined An important reference for the value of unsold counterfeit goods. But the problem is, how to identify "counterfeit goods of the same kind" based on production location, quality or other factors is still a technical problem. Besides, selling counterfeit goods is an illegal crime, so sellers are very vigilant and it is quite difficult to obtain evidence. Even if the price of similar counterfeit goods on the market is obtained, it is still a question whether it can be directly determined as the value of the goods not sold by the defendant. After all, this price is not the actual sales price of the defendant, but is only an estimate. In different periods, the sales prices of similar products of the same quality will also be different.
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