1. What crimes are committed by counterfeiting brand products
1. Counterfeiting brand products is suspected of counterfeiting registered trademarks. The penalty standards for the crime of counterfeiting registered trademarks are as follows:
(1) Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined;
(2) If the circumstances are particularly serious, the offender 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. Legal basis: Article 213 of the Criminal Law of the People's Republic of China
The crime of counterfeiting a registered trademark without the permission of the owner of the registered trademark is to If a trademark that is the same as its registered trademark is used on any kind of goods or services, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.
2. What are the constituent elements of the crime of counterfeiting registered trademarks
1. Subject elements. The criminal subjects of this crime are general subjects and units, that is, any enterprise, institution or individual who registers by pretending to be someone else. Trademark, if the circumstances meet the criminal standards, this crime shall be constituted;
2. Object elements, the object of the crime infringement is the legal exclusive right to register a trademark of others and the national trademark management order;
3. Subjective elements, the subjective aspect of the crime is intentional and for profit;
4. Objective elements, the objective aspect of the crime is that the perpetrator has committed trademark counterfeiting prohibited by the criminal law, and The circumstances are serious.