The act of counterfeit patent and counterfeit trademark may constitute a crime, so what is the difference between the two in the elements of crime? The following legal savior Xiaobian for readers to carry out the relevant knowledge of the answer.
The difference between Patent counterfeiting and trademark counterfeiting
The crime of counterfeit patent refers to the serious act of infringing upon the patent rights and interests of another person or entity by counterfeiting the patent granted by another person or entity for the purpose of obtaining illegal benefits, in violation of the State patent administration regulations, and within the patent validity period as prescribed by law. The so-called "serious circumstances" refers to any of the following acts: (1) the amount of illegal business is more than 200,000 yuan or the amount of illegal income is more than 100,000 yuan; (2) causing direct economic losses of more than 500,000 yuan to the patentee; (3) Counterfeit two or more patents of others, illegal business amounts of more than 100,000 yuan or illegal income amounts of more than 50,000 yuan.
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The crime of counterfeiting a registered trademark refers to the serious act of using the same trademark on the same kind of goods without the permission of the registered trademark owner in violation of the trademark administration laws and regulations. The so-called "serious circumstances" refers to any of the following acts: (1) the amount of illegal business is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan; (2) Counterfeiting two or more kinds of registered trademarks, illegal business amounts of not less than 30,000 yuan or illegal income amounts of not less than 20,000 yuan; (3) Other serious acts. "Amount of illegal business operations" refers to "the value of the infringing products manufactured, stored, transported and sold by the perpetrator in the course of the intellectual property infringement act".
The object of the crime of counterfeiting patent is the patent right of others and the patent management system of the country, and the object of the crime of counterfeiting trademark is the exclusive right of others and the trademark management system of the country.
In the objective aspect, the crime of patent counterfeiting is to mark the patent holder's patent mark or patent number on the non-patented product or package without the permission of the patentee, and the crime of trademark counterfeiting is to use the same trademark with another person's registered trademark on the same business without the permission of the registered trademark owner.
The above knowledge is the answer to the question of "The difference between the crime of counterfeiting patent and the crime of counterfeiting trademark". If the reader needs legal help, welcome to the legal savior for legal advice.
