1. Will illegal operations by counterfeiting registered trademarks be punished?
1. According to Article 213 of the "Criminal Law of the People's Republic of China" stipulates: "Whoever uses the same trademark as his registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. They shall also be fined or alone; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.” Therefore, those who illegally operate counterfeit registered trademarks will be sentenced.
2. According to Articles 1 and 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":
(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if any of the following circumstances occurs, it is a 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 be fined or shall be fined alone:Illegal The amount of business is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;Counterfeiting two or more registered trademarks, the amount of illegal business is more than 30,000 yuan Or the amount of illegal income exceeds 20,000 yuan;Other serious circumstances.
(2) If one of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law, he shall be punished as Those found guilty of counterfeiting registered trademarks shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: Above;Counterfeiting two or more registered trademarks, the amount of illegal business is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan;Other particularly serious circumstances.
(3) Selling goods that are knowingly counterfeit registered trademarks, with a sales amount of less than five If the amount exceeds 10,000 yuan, it is considered a "large amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or solely be fined for the crime of selling goods with counterfeit registered trademarks.
(4) 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, and it shall be treated as the sale of counterfeit registered trademarks Commodity crimes shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
2. What are the criteria for identifying the crime of counterfeiting registered trademarks
(1) Object requirements of the crime of counterfeiting registered trademarks
It is the state’s management system for trademarks and the exclusive rights of others to register trademarks.(2) Counterfeiting registered trademarks Objective elements of the crime
The crime of counterfeiting a registered trademark is the use of the same trademark as the registered trademark on the same product without the permission of the registered trademark owner, and the circumstances are serious Behavior. Specifically, the objective aspects of this crime include the following points:
(1) Without the permission of the registered trademark owner. According to the provisions of the Trademark Law , the trademark owner can allow others to use its registered trademark on its goods. Without permission, the same or similar trademark as the registered trademark of others may not be used on the same or similar goods. This is one of the contents of the exclusive right to register a trademark. Failure to obtain the permission of the registered trademark owner includes the following specific situations: the perpetrator has never obtained the permission of the registered trademark owner to use the registered trademark.
(2) In Used on the same kind of goods by others in advertisements, exhibitions and other commercial activities. It can be seen that according to this provision, the use of trademarks should also include use in advertising, exhibitions and other commercial activities.
(3) The circumstances are serious.
(3) Main elements of the crime of counterfeiting registered trademarks
The subject of this crime is a general subject, and both natural persons and units can become the subject of this crime. As far as natural persons are concerned, as long as the perpetrator reaches the legal age of criminal responsibility, has the ability to be criminally responsible, and commits the act of counterfeiting a registered trademark, it can constitute a crime. As far as the unit is concerned, if the unit commits the act of counterfeiting someone else's registered trademark and it constitutes a crime, a two-punishment system will be implemented, that is, the unit will be fined, and the directly responsible person in charge and other directly responsible personnel will be held criminally responsible.
(4) Subjective elements of the crime of counterfeiting registered trademarks
The subjective aspects of this crime Intentional use means that the perpetrator knows that a certain trademark is the registered trademark of another person and uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark. Under normal circumstances, perpetrators of the crime of counterfeiting other people's registered trademarks have the purpose of making a profit. However, according to the provisions of this article, "for profit" is not a necessary component of the crime of counterfeiting other people's registered trademarks. Some counterfeiting of trademarks may be for the purpose of causing harm. The reputation of others’ registered trademarks. Regardless of the motive or purpose, it does not affect the constitution of this crime. If it is due to negligence, that is, if you really do not know that the trademark you are using is someone else's registered trademark, it does not constitute this crime and can be treated as a general trademark infringement.
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