Trademark infringement requires compensation, so what is trademark infringement? What is the crime of counterfeiting registered trademarks? The editor of Legal Savior Network will give you the answer. Let’s take a look. I hope it will be helpful to everyone.
What is the crime of counterfeiting registered trademarks
According to the relevant provisions of the Criminal Law: Using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark, if the circumstances are serious, is a crime of counterfeiting a registered trademark. The constituent elements of this crime are:
1. The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual counterfeits the registered trademark of others, and the circumstances meet the criminal standards It constitutes this crime;
2. The object of this crime infringement 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 this crime is that the perpetrator has committed trademark counterfeiting prohibited by the criminal law, and the circumstances are serious.
"Criminal Law" Article 213 Without the permission of the registered trademark owner, Anyone who uses the same trademark as his registered trademark on the same kind of goods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also 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 gold.
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