The conditions for the crime of selling counterfeit trademarks and the crime of selling counterfeit and shoddy goods are that when the goods sold violate the exclusive right to use trademarks and counterfeit other quality standards, the two crimes will compete.
The crime of selling counterfeit trademarks and the crime of selling counterfeit and shoddy goods are two different criminal acts, each of which has its own independent constitutive requirements and legal responsibilities. However, when a commodity infringes the exclusive right to use a trademark and other quality standards at the same time, the two crimes may compete.
To constitute the crime of selling counterfeit trademarks, the following requirements must be met:
1. Selling goods that are known to be counterfeit registered trademarks;
2. The sales amount is large;
3. The subjective intention of the actor means knowing that the goods sold are counterfeit goods with registered trademarks.
The crime of selling fake and shoddy goods refers to the act of selling goods that are known to be fake and shoddy, and its constituent elements include:
1. Selling goods that are known to be fake and shoddy;
2. The sales amount is large;
3. The subjective intention of the actor means knowing that the goods sold are fake and inferior.
when a commodity infringes on the exclusive right to use a trademark and imitates other quality standards, the act of selling the commodity satisfies the constitutive requirements of the crime of selling counterfeit trademarks and the crime of selling counterfeit and shoddy goods. At this point, the two charges will compete, and the court will choose to apply one of them for punishment according to the actual situation.
To sum up:
The condition that the crime of selling counterfeit trademarks and the crime of selling counterfeit and shoddy goods coincide is that when the goods sold infringe the exclusive right to use trademarks and counterfeit other quality standards, the two crimes will compete. When dealing with such cases, the court should choose to apply one of the charges for punishment according to the actual situation.
Legal basis:
According to Article XXX of the Criminal Law of the People's Republic of China, whoever knowingly sells goods with counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years and shall also be fined.
according to article XXX of the criminal law of the people's Republic of China, whoever produces or sells fake and inferior products and has a large amount of illegal income or other serious circumstances shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined.