The concept of the crime of selling goods with counterfeit registered trademarks
The crime of selling goods with counterfeit registered trademarks refers to enterprises, institutions or individuals, The act of knowingly selling goods with counterfeit registered trademarks, and the sales amount is relatively large.
The subject element of this crime is the general subject. Both natural persons and units can constitute the subject of this crime. As far as natural persons are concerned, as long as the perpetrator has reached the age of criminal responsibility and has the ability to be criminally responsible, and intentionally sells goods with counterfeit registered trademarks, it can be constituted. If a unit commits this crime, a two-penalty system shall be implemented, and the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article. The subjective aspect can only be shown as intentional, that is, knowing that the goods are counterfeit registered trademarks and deliberately selling them to others.
The objective aspect is that the perpetrator illegally sells goods that he knows are counterfeit registered trademarks, and the sales amount is relatively large. The so-called sales refer to the act of selling goods to others by purchasing, promoting, selling or peddling, etc., including wholesale and retail, inviting people to sell on behalf of others, entrusted sales and other forms. No matter which form the perpetrator takes, as long as the sales amount reaches a relatively large amount, this crime will be committed. It is worth noting that the goods sold here should not be products produced, manufactured or processed by yourself.
If the goods sold are not counterfeiting other people's registered trademarks, such as goods without trademarks, or goods with trademarks but not registered trademarks, or goods with registered trademarks but not This crime will not be committed if the goods are not registered trademarks of others but of oneself, or goods with registered trademarks of others but are not registered trademarks used on the same goods as the goods. If the perpetrator counterfeits the registered trademark of others on his own goods and then sells them, which constitutes a crime, he has committed two crimes respectively. There is an absorption relationship between the two crimes, and he should choose one of the felony crimes and be severely punished. However, judging from the statutory sentences of the two, the punishments for both are the same, and it is difficult to say who is lighter and who is heavier. Considering that the act of selling goods that counterfeit someone else's registered trademark is a follow-up and extension of his trademark counterfeiting behavior.
Therefore, for those who counterfeit trademarks and then sell them, it is appropriate to be convicted of the crime of counterfeiting registered trademarks, and the punishment should be severe, and they cannot be punished for several crimes. If you conspire with criminals who counterfeit registered trademarks in advance, you will be punished for counterfeiting trademarks afterwards. Those who sell goods on behalf of others shall also be punished for the crime of counterfeiting registered trademarks, constituting an accomplice in the crime of counterfeiting registered trademarks.
Amount of sales amount of goods sold counterfeiting registered trademarks of others It must be relatively large to constitute a crime. Although there are sales of goods counterfeiting other people's registered trademarks, the sales amount is not large and does not constitute this crime.
The so-called sales amount refers to all the illegal income of sellers from selling goods that are counterfeiting other people's registered trademarks without deducting costs, taxes, etc. It is different from illegal income, which is the actual profit amount after deducting costs, nor is it equal to the operating amount , the actor completely sells the goods that counterfeit someone else's registered trademark, and the sales amount is the operating amount. If he is caught without selling, there is only the operating amount but no sales amount. There is no sales amount or although there is a sales amount, the amount is not large. , generally cannot be punished as a crime, but this does not mean that it cannot absolutely be treated as a crime. If the crime is serious, such as repeated admonishment, or if the sales amount will be extremely huge and the harm will be serious, the criminal liability should be investigated as an attempted crime.
However, it should be pointed out that if the sale has been made but the purchaser has not paid the sales amount due to various reasons, it does not mean that there is no sales amount. This constitutes a crime and should be completed. , rather than an attempt.
The above is what the editor has compiled for you. If you feel that what the editor has compiled cannot solve your doubts, you may wish to consult directly online Our online lawyers, we welcome your legal consultation.
