What are the conditions for the crime of counterfeiting registered trademarks and how to punish them

What are the conditions for the crime of counterfeiting Registered trademarks? How to punish it? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content, hoping to be helpful to you.

What constitutes the crime of counterfeiting a registered trademark and how to punish it

According to Article 213 of the Criminal Law of the People's Republic of China, the crime of counterfeiting a registered trademark is It refers to serious behavior that violates national trademark management regulations and uses the same trademark as the registered trademark on the same product without the permission of the registered trademark owner.

Subject Requirements

The subject of this crime is a general subject, and both natural persons and units can become the subjects of this crime. As far as natural persons are concerned, as long as the perpetrator reaches the legal age of criminal responsibility, has the ability to be criminally responsible, and commits the act of counterfeiting a registered trademark, it can constitute a crime. As far as the unit is concerned, if the unit commits the act of counterfeiting someone else's registered trademark and it constitutes a crime, a double penalty system will be implemented, that is, the unit will be fined, and the directly responsible person in charge and other directly responsible personnel will be held criminally responsible in accordance with the law.

Subjective elements

The subjective aspect of this crime is intentionality, that is, the perpetrator knows that a certain trademark belongs to someone else. a registered trademark, and use the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner. Generally speaking, perpetrators of the crime of counterfeiting other people's registered trademarks have the purpose of making a profit. However, according to the criminal law, "for profit" is not a constitutive element of the crime of counterfeiting registered trademarks. Some counterfeiting of trademarks may also be done to damage other people's registered trademarks. The reputation of the trademark, etc. Regardless of the motive or purpose, it does not affect the constitution of this crime. If it is due to negligence, that is, if you really do not know that the trademark you are using is a registered trademark of others, it does not constitute this crime and can be treated as a general trademark infringement.

to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely to a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently to a fine.

Article 220 If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined and the person directly responsible shall be fined. and other directly responsible persons shall be punished in accordance with the provisions of each article in this section.

The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.