Article 2 stipulates that "sales amount" refers to all illegal income obtained by producers and sellers after selling fake and inferior products and all illegal income due to them. Calculate the value of the goods at the marked price of the illegally produced and sold fake and inferior products; If the price is not indicated, it shall be calculated according to the intermediate market price of similar qualified products. If it is difficult to determine the value of the goods, the designated appraisal institution shall determine it according to the provisions of the Administrative Measures for the Appraisal of Seizure, Recovery and Confiscation of Goods jointly issued by the State Planning Commission, the Supreme Law, the Supreme People's Procuratorate and the Ministry of Public Security on April 22nd. 1997.
In other words, the calculation method of commodity value is the price of fake and shoddy products-the market median price of similar qualified products-the evaluation price in turn.
Second, the new method: The Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products (Fa Shi [2010] No.7) of the two universities changed the calculation method of the value of goods stipulated in 200 1, and put forward:
If the sales price of seized unsold counterfeit cigarettes and cigars can be ascertained, it shall be calculated according to the actual sales price. If the actual sales price cannot be ascertained, if there is a brand, it shall be calculated according to the retail price issued by the provincial tobacco monopoly administration department where the brand cigarettes and cigars are seized; If there is no brand, it shall be calculated according to the average retail price of cigarettes in the previous year issued by the provincial tobacco monopoly administrative department at the place where it was seized. "
In other words, the calculation method of commodity value is the actual selling price of fake and shoddy products-the intermediate price of genuine products-the intermediate price of similar products.
Three. The Interpretation of the two universities on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (Fa Shi [2004] 19) stipulates that:
The value of unsold infringing products shall be calculated according to the marked price of the identified infringing products or the actual average selling price. If the infringing product is not marked or its actual sales price cannot be determined, it shall be calculated according to the intermediate market price of the infringed product.
4. The Opinions on Calculating the Value of Unsold Counterfeit Registered Trademark Commodities issued by Shanghai Higher People's Court, Municipal Inspection Bureau, Public Security Bureau and Judicial Bureau (Shanghai Inspection [2007]18) stipulates that:
"The value of goods with counterfeit registered trademarks that have not yet been sold shall be calculated according to the marked price or actual average selling price of goods with counterfeit registered trademarks that have been identified. If the marked price is inconsistent with the actual average sales price, it shall be calculated according to the actual average sales price. If the actor cannot provide specific clues to verify the actual sales price, or if the actor provides specific clues to verify the actual sales price, but the judicial organ refuses to confirm it after verification, it shall be calculated according to the market intermediate price of counterfeit registered trademark goods.
In other words, the calculation method of commodity value is the actual average selling price of fake and shoddy products-the marked price-the middle price of genuine products in turn.