1. What is the crime of counterfeiting registered trademarks
1. Counterfeiting registered trademarks Crime refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner.
2. Legal basis:
Article 213 of the "Criminal Law" [ Crime of counterfeiting a registered trademark] Using a trademark identical to the registered trademark on the same goods or services without the permission of the owner of the registered trademark. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years, and shall also be fined.
2. Fake registration Trademark crimeEssentials
1) The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual registers by pretending to be someone else Trademark, if the circumstances meet the criminal standards, it shall constitute this crime.
2) The object infringed by this crime is the legitimate exclusive right to register a trademark of others and the national trademark management order;
3) The subjective aspect of this crime is intentional and for profit. Negligence does not constitute this crime.
4) The objective aspect of the crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.
The law stipulates that the registered trademark is the same as the trademark. In terms of trademark law, the use of an identical or similar trademark on the same or similar goods without the permission of the registered trademark owner is considered trademark counterfeiting. Specifically, counterfeiting of registered trademarks includesThe following four behaviors: ① Using a trademark that is the same as someone else’s registered trademark on the same product; ② Using a trademark that is similar to someone else’s registered trademark on the same product;
③Use a trademark that is the same as another's registered trademark on similar goods;
④Use a trademark that is similar to another's registered trademark on similar goods.
However, Article 213 of the Criminal Law only stipulates the above ① behavior as a crime, and the other three types of counterfeiting of registered trademarks cannot be punished as the crime of counterfeiting registered trademarks. It can only be dealt with as a trademark violation.
Punitive Measures If a trademark identical to the registered trademark is used on the same goods without the permission of the registered trademark owner, and one of the following circumstances occurs, it shall fall under Article 1 of the Criminal Law. For "serious circumstances" as stipulated in Article 213, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also or solely be fined:
(1) The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks , the amount of illegal business operations exceeds 30,000 yuan or the amount of illegal income exceeds 20,000 yuan;
(3) Other serious circumstances.
Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to three years for the crime of counterfeiting a registered trademark. The above-mentioned ones shall be sentenced to fixed-term imprisonment of not more than seven years and shall also be fined:
3. Penalties for counterfeiting registered trademarks
(1) The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;
(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;
(3) Other particularly serious circumstances.
The "identical trademark" stipulated in Article 8 and Criminal Law Article 213 refers to a registered trademark that is completely identical to the one being counterfeited.The trademark is identical, or is visually indistinguishable from the counterfeited registered trademark enough to mislead the public.
"Use" as stipulated in Article 213 of the Criminal Law refers to the use of a registered trademark or a counterfeit registered trademark on goods, product packaging or containers, and Product manuals, commodity transaction documents, or using registered trademarks or counterfeit registered trademarks for advertising, exhibitions, and other commercial activities.
Article 13: Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods with the counterfeit registered trademark constitutes a crime, Should be convicted and punished for the crime of counterfeiting registered trademarks in accordance with the provisions of Article 213 of the Criminal Law.
Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods with a counterfeit registered trademark knowingly knowing that they belong to others, which constitutes a crime, shall be punished Implement concurrent punishment for several crimes.
Article 220: If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined. The person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each article in this section.
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