What is the definition of the crime of selling goods with counterfeit registered trademarks
The crime of selling goods with counterfeit registered trademarks refers to the crime of selling goods with counterfeit registered trademarks. Trademark management regulations include the act of selling goods that are knowingly counterfeit and registered trademarks, and the sales amount is relatively large.
The objects infringed by this crime include not only the state's management order of trademarks, but also the registered trademark exclusive rights of registered trademark owners; the objective aspect is the violation of trademark management regulations , the act of selling goods that are knowingly counterfeiting registered trademarks, and the sales amount is relatively large; the criminal subject is a general subject, including both natural persons and units; the subjective aspect is intentional.
The subject of this crime is a general subject, that is, it can be any unit or individual; 2. The object of the infringement is the legal exclusive right to use registered trademarks of others and the national trademark management order; 3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime; 4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of sales is relatively large. Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing.
According to the provisions of Articles 214 and 220 of the "Criminal Law", whoever commits this crime and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also be sentenced to Or a fine 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. If a unit commits this crime, a double penalty system will be implemented, that is, the unit will be fined, and the person directly in charge and other directly responsible personnel will be punished in accordance with the above provisions.
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