How to sentence the crime of selling goods with counterfeit registered trademarks
"Criminal Law of the People's Republic of China" 214 Article 1 Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also Penalties.
This article is about the crime of selling goods with counterfeit registered trademarks and the provisions of its penalties.
The act of selling counterfeit registered trademark goods violates the The trademark registrant's exclusive right to use the trademark has objectively allowed a large number of counterfeit, inferior and substandard products to enter the market, which has had an impact on famous and high-quality products and similar products, and has also seriously damaged the legitimate rights and interests of consumers. To constitute a crime under this article, the following conditions must be met:
1. The perpetrator must be subjectively aware. That is, knowing that the goods are counterfeiting other people's registered trademarks and still selling them, and making illegal profits from them. Whether the perpetrator knew it or not is an important distinction between the crime and its non-crime.When applying the provisions of this article, there must be evidence to prove that the perpetrator knows that the goods he sells are counterfeit goods with registered trademarks of others. If the perpetrator does not know that the goods are counterfeited registered trademarks and sells them, it does not constitute a crime. In practice, the following aspects are mainly used to judge whether the perpetrator knew it:
(1) Whether the perpetrator has ever been informed that the goods sold are goods with counterfeit registered trademarks;
(2) The purchasing price and quality of the goods sold are significantly lower than the purchasing price and quality of the counterfeited registered trademark goods on the market;
(3) Based on the perpetrator’s own experience and knowledge, he can know that what he is selling is counterfeit Trademarked goods.2. The perpetrator objectively implemented the sale The act of knowingly counterfeiting goods with a registered trademark. "Sales" here should be broad, including wholesale, retail, agency sales, sales and other sales links. "Counterfeiting a registered trademark" refers to counterfeiting another person's registered trademark. If a trademark that has not yet been registered is used on goods as a registered trademark, it does not constitute a crime stipulated in this article and is a violation of registered trademark management.
3. The sales amount must be relatively large, It constitutes a crime. This is also an important boundary between sin and non-sin.
In practice, if the goods sold by the perpetrator are counterfeit If someone else has registered a trademark and the goods themselves are counterfeit and shoddy products, which constitutes the crime of producing and selling counterfeit and shoddy goods, they shall be punished in accordance with the provisions of the Criminal Law.The penalty is prescribed if the penalty is more severe.
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