How to determine the crime of counterfeiting registered trademarks
1. The criminal subject of this crime is the general subject, that is, any enterprise If an organization or individual counterfeits someone else's registered trademark, and the circumstances meet criminal standards, it shall constitute this crime.
2. The object of the crime is another person’s legal The exclusive rights of registered trademarks, as well as the national trademark management order.
3. The subjective aspect of the crime is intentional, and for the purpose of profit. Negligence does not constitute this crime.
4. The objective aspect of the crime is the perpetrator The act of counterfeiting trademarks prohibited by the criminal law was carried out, and the circumstances were serious.
Article 57 of the "Trademark Law" Any of the following acts shall constitute an infringement of the exclusive right to register a trademark:
(1) Using a registered trademark on the same product without the permission of the trademark registrant The same trademark;
(2) Without With the permission of the trademark registrant, the use of a trademark that is similar to its registered trademark on the same product, or the use of a trademark that is the same or similar to its registered trademark on similar products, is likely to cause confusion;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized manufactures Registered trademark logo;
(5) Without The trademark registrant agrees to change its registered trademark and put the goods with the changed trademark into the market;
(6) Intentionally providing facilities for infringement of other people's trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
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