First of all, we must determine a major premise: as an Olympic derivative, the lovely winter Olympics mascot "Ice Shield" contains great commercial value, and of course it is also a work protected by copyright. If a merchant produces toys and dolls without permission and uses them in peripheral products such as T-shirts, it is of course a violation of the copyright law and an infringement of the copyright of the right holder. At the same time, copyright authorities should investigate administrative responsibility, and those who constitute a crime should be investigated for criminal responsibility. However, if ordinary people, instead of merchants, make small gifts of ice piers for the purpose of appreciation and learning, and there is no profit, then the nature will be different! We know that if the surrounding products related to the ice pier are made privately, if the circumstances are serious and the amount involved reaches the crime standard, it is suspected of violating the crime of counterfeiting registered trademarks! Accept criminal punishment! Legal basis: Article 2 13 of the Criminal Law uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. However, if you just send a dozen gifts to your friends as netizens said, of course, it will not reach the level of bad circumstances stipulated in this law, so this crime is not violated and can be ignored! Look at another accusation! If you know that it is counterfeit ice pier sales, reaching the crime amount, and you are suspected of committing the crime of selling counterfeit registered trademark goods, you should also accept criminal punishment! Legal basis: Article 214 of the Criminal Law stipulates that whoever knowingly sells goods with counterfeit registered trademarks in a large amount 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. How much will it cost to file a case for criminal responsibility? According to the regulations, anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of one of the following circumstances shall file a case for prosecution:
The sales amount is more than 50,000 yuan;
Not yet sold, with a value of more than150,000 yuan;
The sales amount is less than 50,000 yuan, but the sum of the sales amount and the unsold value exceeds150,000 yuan.