The following is a reply about how to judge the crime of selling goods with counterfeit registered trademarks. Please refer to 1. Crime constitutes the crime of selling goods with counterfeit registered trademarks, which refers to the act of selling goods that are known to be counterfeit registered trademarks and the amount of sales is large. (1) Object Elements The object infringed by this crime includes not only the state's management order of registered trademarks, but also the owner's exclusive right to use trademarks. (II) Objective Elements This crime is objectively manifested as an act of knowingly selling a commodity with a counterfeit registered trademark with a large amount of money. In any of the following circumstances, it shall be deemed as "knowing" as stipulated in Article 214 of the Criminal Law: 1. Knowing that the registered trademark on the goods it sells has been altered, replaced or covered; 2. Having received administrative punishment or assumed civil liability for selling goods with counterfeit registered trademarks, and selling the same kind of goods with counterfeit registered trademarks; 3. Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered; 4. Other circumstances in which you know or should know that the goods are counterfeit registered trademarks. The "sales amount" stipulated in Article 214th of the Criminal Law refers to all illegal income earned and due after selling goods with counterfeit registered trademarks. If the act of selling goods with counterfeit registered trademarks has been carried out many times without administrative treatment or criminal punishment, the sales amount shall be calculated cumulatively. If it has been sold, it shall be calculated according to the actual selling price. If it is not sold, it shall be calculated according to the marked price or the actual average selling price of the infringing products that have been ascertained. If the infringing product is not marked or its actual sales price cannot be ascertained, it shall be calculated according to the intermediate market price of the infringed product. The so-called sale refers to the transfer of the ownership of goods with counterfeit registered trademarks to others for compensation. The transfer of commodity ownership and its compensation are the essential characteristics of sales. As for the form of sales, whether it is wholesale or retail, whether it is market sales or internal sales, whether it is collecting money or in kind, etc., it does not affect the establishment of this crime. "Goods with counterfeit registered trademarks" refers to the same kind of goods that use the same trademark as its registered trademark without the permission of the registered trademark owner. As for the difference between the quality of this commodity and the quality of goods with real registered trademarks, it is not asked. Even if the quality of goods with counterfeit registered trademarks is better than that with genuine registered trademarks, it will not affect the establishment of this crime. (III) Subject Elements The subject of this crime is the 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 actor reaches the legal age of criminal responsibility, has the ability of criminal responsibility, and sells goods with counterfeit registered trademarks, it can constitute a crime. As far as the unit is concerned, if the unit sells goods with counterfeit registered trademarks, which constitutes a crime, the double penalty 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 investigated for criminal responsibility according to law. (IV) Subjective Elements This crime is subjectively manifested as intentional, that is, knowingly selling goods with counterfeit registered trademarks. There is no * * * intention with the criminals who counterfeit registered trademarks, so it is an independent criminal intention. However, if the perpetrator conspires with the criminals who counterfeit registered trademarks in advance, and then cooperates with each other, some of them manufacture goods with counterfeit registered trademarks, and some of them sell goods with counterfeit registered trademarks, which constitutes * * * accomplice. In this case, selling goods with counterfeit registered trademarks is actually an integral part of the crime of counterfeiting registered trademarks. Ii. judicial determination (1) the boundary between this crime and non-crime. the establishment of the crime of selling goods with counterfeit registered trademarks must meet the formal conditions of the four elements of the crime and the substantial conditions of a large amount of sales. If the above conditions are not met, it cannot be treated as a crime. According to Article 7 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II), which came into effect on May 7, 21, the sale of goods that are known to be counterfeit registered trademarks should be filed for prosecution if it is suspected of one of the following circumstances: 1. The sales amount is more than 5, yuan; 2, has not yet been sold, the value of more than one hundred and fifty thousand yuan; 3. The sales amount is less than 5, yuan, but the total amount of sales and unsold goods is more than 15, yuan. (II) The boundary between this crime and the crime of selling fake and inferior products 1. The objects are different. The object of this crime is the trademark exclusive right of the registered trademark owner and the state's management order of registered trademarks, among which the infringement of trademark exclusive right is the main aspect. The object of the crime of selling fake and inferior products is the national product quality supervision and management system and the legitimate rights and interests of consumers, among which the infringement of the legitimate rights and interests of consumers is the main aspect. 2. The objective requirements are different. This crime is objectively manifested as the act of selling goods that are knowingly counterfeit registered trademarks, and the amount of sales is relatively large. On the other hand, the crime of selling fake and inferior products is objectively manifested as the behavior of the actor doping and adulterating the products, passing off the fake as the real, passing off the inferior products or passing off the unqualified products as qualified products, and the sales amount is more than 5 thousand yuan. 3. The targets of crimes are different. The object of this crime is the goods that counterfeit the registered trademarks of others, which may be fake and inferior products or qualified products. The object of the crime of selling fake and inferior products is determined to be unqualified. Iii. Sentencing Standards (1) According to the provisions of Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to the provisions of Article 22 of the Criminal Law, if a unit commits the crime of selling goods with counterfeit registered trademarks, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of Article 214 of the Criminal Law. (2) According to the provisions in the Interpretation 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 Infringement of Intellectual Property Rights, which came into effect on December 22, 24, selling goods that are knowingly counterfeit registered trademarks, with a sales amount of more than 5, yuan, is a "relatively large amount" as stipulated in Article 214 of the Criminal Law, and should be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, with a fine or a single fine. If the sales amount is more than 25, yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks, and shall also be fined. Units that sell goods with counterfeit registered trademarks shall be convicted and sentenced in accordance with three times the conviction and sentencing standards of the corresponding individual crimes stipulated above. Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells the goods with the counterfeit registered trademark, which constitutes a crime, shall be convicted and punished for the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law. Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods that he knows are counterfeit registered trademarks of others, which constitutes a crime, shall be punished for several crimes. (III) Application of Probation: According to the provisions of the Interpretation 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 Infringement of Intellectual Property Rights (II), which was implemented on April 5, 27, if the crime of selling counterfeit registered trademarks meets the conditions of probation stipulated in the Criminal Law, probation shall be applied according to law. In any of the following circumstances, probation is generally not applicable: 1. After criminal punishment or administrative punishment for infringement of intellectual property rights, selling goods with counterfeit registered trademarks constitutes a crime; 2. Not showing repentance; 3. Refusing to hand over the illegal income; 4. Other circumstances in which probation is not applicable. Determination of fine: For the crime of selling goods with counterfeit registered trademarks, the people's court should comprehensively consider the illegal income, sales amount, losses caused to the obligee, social harm and other circumstances of the crime and impose a fine according to law. The amount of fines is generally more than one time and less than five times the illegal income, or more than 5% and less than one time the sales amount. If the victim has evidence to prove that the criminal case of selling goods with counterfeit registered trademarks directly brings a suit in a people's court, the people's court shall accept it according to law; Criminal cases of selling goods with counterfeit registered trademarks that seriously endanger social order and national interests shall be prosecuted by the people's procuratorate according to law. Units that commit the acts specified in Article 214th of the Criminal Law shall be convicted and punished in accordance with the Interpretation 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 Infringement of Intellectual Property Rights and the corresponding conviction and sentencing standards for individual crimes specified in this Interpretation. (4) According to the provisions in the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, which came into effect on January 1, 211, if the goods that are knowingly counterfeit registered trademarks are sold in any of the following circumstances, they shall be convicted and punished for the crime of selling goods that are counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law: 1. The goods that are counterfeit registered trademarks have not been sold, and the value of the goods is 15, yuan. 2. Part of the goods with counterfeit registered trademarks are sold, and the sales amount is less than 5, yuan, but the total value of the goods with counterfeit registered trademarks that have not been sold is more than 15, yuan. Goods with counterfeit registered trademarks have not yet been sold, and the value of the goods has reached more than 15, yuan but less than 25, yuan and more than 25, yuan respectively, and they shall be convicted and punished in accordance with the statutory punishment ranges stipulated in Article 214 of the Criminal Law. If the amount of sales and the value of unsold goods reach different legal punishment ranges or both reach the same legal punishment range, a heavier punishment shall be given as appropriate within the legal punishment range with heavier punishment. Legal objectivity:

Article 214 of the Criminal Law of the People's Republic of China knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of one of the following circumstances shall be put on file for prosecution: (1) The sales amount is more than 5, yuan; (two) not yet sold, the value of the goods is more than one hundred and fifty thousand yuan; (3) The sales amount is less than 5, yuan, but the sum of the sold amount and the unsold value is more than 15, yuan. The Supreme People's Procuratorate and the Ministry of Public Security "Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)" Article 7 Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of one of the following circumstances shall file a case for prosecution: (1) The sales amount is more than 5, yuan; (two) not yet sold, the value of the goods is more than one hundred and fifty thousand yuan; (3) The sales amount is less than 5, yuan, but the sum of the sold amount and the unsold value is more than 15, yuan. The Supreme People's Procuratorate and the Ministry of Public Security "Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)" Article 89 If it is necessary to investigate the criminal responsibility of a preparatory offender, an attempted offender or a discontinued offender, it shall be filed for prosecution. The Supreme People's Procuratorate and the Ministry of Public Security "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" Article 9 The standards for filing and prosecution in these Provisions shall apply to the corresponding unit crimes, except as otherwise provided by laws, judicial interpretations and these Provisions.