What are the criminal components of the crime of selling goods with counterfeit registered trademarks?

Counterfeiting registered trademarks is illegal, but some people are selling goods that they know are counterfeit registered trademarks. Once the amount is large, it will constitute the crime of selling goods with counterfeit registered trademarks. Below, the editor of Legal Savior Network will introduce to you the crime of selling goods with counterfeit registered trademarks. I hope it will be helpful to you.

What are the criminal components of the crime of selling goods with counterfeit registered trademarks

1 , The subject of this crime is a general subject, that is, it can be any unit or individual.

2. The subjective aspect of this crime must be intentional, that is, knowingly selling goods with counterfeit registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime.

3. The object infringed by this crime is a complex object, that is, the national trademark management order or The exclusive right of the trademark registrant to use the trademark. The object of this crime is a registered trademark, and unregistered trademarks cannot be the object of this crime.

4. The objective aspect of this crime is the act of violating trademark management regulations and selling goods that are counterfeiting others’ registered trademarks. The requirements for constituting this crime are:

(1) The product must use a registered trademark.

(2) The registered trademark used is owned by a third party.

(3) When the product is sold as a counterfeit registered trademark of others, the consent of the trademark owner is not obtained.

(4) The sales amount is relatively large.

The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are knowingly counterfeit and registered trademarks, with a sales amount of more than 50,000 yuan.

Article 214 of my country's Criminal Law stipulates that anyone who commits the crime of selling goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention. A fine may also be imposed or a fine may be imposed alone; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined.

According to Article 220 of the Criminal CodeArticle 1 stipulates that if a unit commits this crime, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions. In addition, the standards for "relatively large amount" and "huge amount" shall be subject to judicial interpretation.

Article 2 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" stipulates: Sales knowingly registered as counterfeit If the sales amount of trademarked goods is more than 50,000 yuan, it falls into the category of "relatively large amount" stipulated in Article 214 of the Criminal Law. If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" stipulated in Article 214 of the Criminal Law.

The above knowledge is the answer of the editor of Legal Savior Network to the question "What are the criminal components of the crime of selling goods with counterfeit registered trademarks?" If readers need legal If you need help, welcome to the Legal Savior Network for legal consultation.