1. What is the fine standard for the crime of selling goods with counterfeit registered trademarks?
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1. What is the fine standard for the crime of selling goods with counterfeit registered trademarks?
There is no crime of selling counterfeit registered trademark goods in China, and the related crime is the crime of selling counterfeit registered trademark goods. The standard of fines shall be determined by the court according to the circumstances of the crime.
criminal law
Article 52
Discretion of the amount of fine When imposing a fine, the amount of fine shall be determined according to the circumstances of the crime.
Article 2 14
Crime of selling goods with counterfeit registered trademarks If the amount of illegal income from selling goods that are knowingly counterfeit registered trademarks is relatively large or there are other serious circumstances, he 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 10 years and shall also be fined.
If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions on individual crime.
2. What is the filing standard for the crime of selling goods with counterfeit registered trademarks?
1, and the sales amount is more than 50,000 yuan;
2. It has not been sold, and the value of the goods exceeds 6.5438+0.5 million yuan;
3. The sales amount is less than 50,000 yuan, but the total amount of goods sold and unsold exceeds 6,543,800 yuan+0.5 million yuan.
3. How to determine the compensation standard for the crime of selling goods with counterfeit registered trademarks?
1. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement;
2, the actual loss is difficult to determine, can be determined according to the interests of the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee.
3. Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, can be determined in accordance with the above method to determine the amount of compensation more than one time but less than five times. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
4. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement.
The crime of counterfeiting registered trademarks and the crime of selling goods with counterfeit registered trademarks are two different criminal acts, but both of them seriously infringe on the trademark rights of others, and they should bear civil liability in addition to criminal responsibility. However, the standard of civil compensation for trademark infringement must not be generalized.