1. How to sentence 140,000 yuan for counterfeiting trademarks
Should be sentenced to three years The following is a term of imprisonment.
The crime of counterfeiting registered trademarks refers to the serious act of using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner.
Article 213 of the Criminal Law of the People's Republic of China
Unregistered If the trademark owner uses the same trademark as his registered trademark on the same kind of goods, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and also or solely a fine; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years. Imprisonment and a fine.
2. Crime of patent counterfeiting and counterfeiting What is the difference between registered trademarks?
The crime of patent counterfeiting refers to the crime of patent counterfeiting, which refers to the violation of national patent management regulations and patents stipulated in the law for the purpose of obtaining illegal benefits. Within the validity period, counterfeit patents granted by others or units, and infringe the patent rights and interests of others or units, which is a serious act. The so-called "serious circumstances" refer to conduct that has one of the following circumstances:
(1) The amount of illegal business operations exceeds 200,000 yuan or the amount of illegal income exceeds 200,000 yuan. More than 100,000 yuan;
(2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or illegal income of more than 50,000 yuan.
Fake specialistThe object of infringement by the crime of profit is the patent rights of others and the country's patent management system, and the object of infringement by the crime of counterfeiting trademarks is the exclusive right to use trademarks of others and the country's trademark management system.
The objective aspect of the crime of patent counterfeiting is to mark non-patented products or packaging with the patentee's patent mark or patent number without the patentee's permission. The crime of trademark counterfeiting is to use the same trademark as another’s registered trademark on the same product without the permission of the registered trademark owner.
3. How to determine the crime of counterfeiting registered trademarks
( 1) How to understand “without the permission of the owner of the registered trademark”
The crime of counterfeiting a registered trademark is the use of the same kind of goods without the permission of the owner of the registered trademark. trademark that is identical to its registered trademark. Without permission, you may not use the same or similar trademarks as others' registered trademarks on the same or similar goods. This is one of the contents of the exclusive right of registered trademarks. Failure to obtain the permission of the registered trademark owner includes the following specific situations:
1. The perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark;
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2. Although the perpetrator has obtained permission to use the registered trademark from the owner, he continues to use the registered trademark after the expiration of the use period stipulated in the license contract.
3. Although the perpetrator has obtained permission to use the registered trademark from the owner, the licensee cannot guarantee the quality of the goods using the trademark, etc. Reasons caused the license contract to be terminated early, and the perpetrator continued to use the registered trademark after the contract was terminated;
4. Although the perpetrator obtained the use of the registered trademark from the owner Permission is granted, but the use exceeds the scope of goods for which the registered trademark is permitted;
5. Although the perpetrator has obtained the permission to use the registered trademark from the owner, the perpetrator uses the registered trademark beyond the permitted scope. The geographical scope of use of the trademark.
(2) The difference between the crime of counterfeiting registered trademarks and the crime of producing and selling counterfeit and inferior goods
The crime of counterfeiting registered trademarks infringes on the national trademark management system, and the conduct of counterfeiting trademarks is serious; the latter crime infringes on the national management system on product quality.degree, committing acts of adulterating products with fake products, passing fake products as genuine products, passing off substandard products as good ones, or passing off unqualified products as qualified products.
Anyone who uses counterfeit registered trademarks to produce and sell shoddy goods, and the sales amount is extremely large or causes serious consequences, has committed the crime of producing and selling fake and shoddy goods. , also committed the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted.
If a criminal suspect uses a counterfeit registered trademark to sell products, causing serious consequences, it constitutes a criminal offense and should be punished according to the amount involved. punishment. Regarding the issue of how to sentence RMB 140,000 for trademark counterfeiting in the above article, if you are still unclear about what you need to know, you can directly click the "Consult Now" button below to communicate with a lawyer online.