How to sentence the crime of counterfeiting a patent
1. Those who commit the crime of counterfeiting a patent shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A fine may also be imposed or a fine may be imposed.
2. If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention, and concurrently or solely with a fine.
How to determine the crime of patent counterfeiting
Serious circumstances are essential elements for constituting this crime. Serious circumstances refer to cases in which the counterfeiting of others' patents is done in a bad way, the amount of illegal profits is relatively large, causing significant damage to the patentee or the country, and causing adverse effects internationally and domestically, etc.
1. Subject requirements
The subjects of this crime are general subjects, including enterprises, institutions and individuals. All can be constructed.
2. Subjective aspect
The subjective aspect of this crime is intentionality, generally with the purpose of illegally obtaining economic benefits. purpose, but sometimes it is for the purpose of harming the reputation of others and destroying the patent rights and interests of others.
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