What constitutes the crime of counterfeiting registered trademarks
(1) The object infringed by this crime is another person’s legally registered trademark Exclusive rights, and national trademark management order. The so-called trademark refers to the words, graphics, letters, numbers, three-dimensional logos and colors or other trademarks used by natural persons, legal persons or other organizations on the goods they produce, manufacture, process, select or distribute or the services they provide. A combination of visual signs with distinctive characteristics that can distinguish its goods or services from those of others.
(2) The criminal subject of this crime is general The subject, that is, any enterprise, institution or individual who counterfeits the registered trademark of others and the circumstances meet the criminal standards shall be deemed to be guilty of this crime.
(3) The subjective aspect of the crime is intentional, And for the purpose of profit. Negligence does not constitute this crime.
(4) The objective aspect of the crime is conduct The person has committed acts of counterfeiting trademarks prohibited by the criminal law, and the circumstances are serious.
"Criminal Law of the People's Republic of China" Article 213 [Crime of Counterfeiting Registered Trademarks] Without the permission of the owner of the registered trademark, on the same kind of goods Anyone who uses a trademark that is the same as his registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 214 [Sales of counterfeit goods Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to not less than three years and seven years The following shall be punishable by fixed-term imprisonment and a fine.
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