Counterfeiting registered trademark case (Article 213 of the Criminal Law)

According to the provisions of this article, the following conditions must be met to constitute this crime:

1. The perpetrator uses someone else's registered trademark without the permission of the registered trademark owner. The "registered trademark owner" is the trademark registrant. In our country, if a trademark registration application is filed in accordance with the law and approved by the Trademark Office, the trademark registration applicant becomes the registered trademark owner. The term "without the permission of the registered trademark owner" as stipulated in this article refers to the use of another person's registered trademark without the consent of the registered trademark owner. This is a prerequisite for this crime. According to Article 26 of the Trademark Law, a trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. If the perpetrator has obtained the permission of the owner of the registered trademark but fails to complete relevant procedures in accordance with legal procedures, it cannot be considered a crime.

2. To constitute a crime stipulated in this article, the perpetrator must objectively have committed the act of using the same trademark as another's registered trademark on the same kind of goods. That is, the trademarks are the same and the goods using the trademark are of the same type. These two conditions must be met simultaneously. If a perpetrator uses a trademark that is similar to someone else’s registered trademark on the same product, or uses a trademark that is the same as someone else’s registered trademark on similar products, or uses a trademark that is similar to someone else’s registered trademark on similar products, it is a trademark infringement. , does not constitute this crime.

Anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the registered trademark owner shall be prosecuted if he is suspected of one of the following circumstances:

1. Personal counterfeiting The trademark is registered by others, and the illegal business amount is more than 100,000 yuan;

2. The unit counterfeits the registered trademark of others, and the illegal business amount is more than 500,000 yuan;

3. Counterfeiting Others’ well-known trademarks or human-use drug trademarks;

4. Although the amount does not reach the above-mentioned amount standards, but has been subject to administrative penalties for counterfeiting other people’s registered trademarks more than two times, and then counterfeited other people’s registered trademarks;

5. Causing adverse effects.

In practice, if a perpetrator commits a crime by counterfeiting someone else’s registered trademark to produce and sell counterfeit goods, he should be punished in accordance with the heavier penalties stipulated in the criminal law.

Case of selling goods with counterfeit registered trademarks (Article 214 of the Criminal Law)

The act of selling goods with counterfeit registered trademarks infringes the trademark registrant’s exclusive right to use the trademark, and objectively uses A large number of counterfeit, inferior and substandard products have entered the market, which has had an impact on famous and high-quality products and similar products, and has also seriously damaged the legitimate rights and interests of consumers. To constitute a crime stipulated in this article, the following conditions must be met:

1. The perpetrator must be subjectively aware. That is, knowing that the goods are counterfeiting other people's registered trademarks and still selling them, and making illegal profits from them. Whether the perpetrator knew it or not is an important boundary between the crime and non-crime. When applying the provisions of this article, there must be evidence to prove that the perpetrator knows that the goods he sells are counterfeit goods with registered trademarks of others. If the perpetrator does not know that the goods are counterfeited registered trademarks and sells them, it does not constitute a crime. In practice, the following aspects are mainly used to judge whether the perpetrator knows: (1) whether the perpetrator has been informed that the goods sold are counterfeit registered trademarks; (2) the purchase price and quality of the goods sold are significantly lower than those on the market. The purchase price and quality of counterfeit registered trademark goods; (3) Based on the perpetrator’s own experience and knowledge, he can know that he is selling goods with counterfeit registered trademarks.

2. The perpetrator objectively carried out the act of selling goods that he knew were counterfeit registered trademarks. "Sales" here should be broad, including wholesale, retail, agency sales, sales and other sales links. "Counterfeiting a registered trademark" refers to counterfeiting another person's registered trademark. If a trademark that has not yet been registered is used on goods as a registered trademark, it does not constitute a crime stipulated in this article and is a violation of registered trademark management.

3. The sales amount must be relatively large to constitute a crime. This is also an important boundary between sin and non-sin. According to the "Regulations on the Prosecution Standards for Economic Crime Cases" by the Supreme People's Procuratorate and the Ministry of Public Security, selling goods that are knowingly counterfeit registered trademarks, and the individual sales amount is more than 100,000 yuan, and the unit sales amount is more than 500,000 yuan, is a " The amount is relatively large" and should be prosecuted.

This article stipulates two levels of punishment for the crime of selling goods that are knowingly counterfeiting registered trademarks: if 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 solely 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.

In practice, if the goods sold by the perpetrator counterfeit the registered trademarks of others, and the goods themselves are counterfeit and shoddy products, it constitutes the crime of producing and selling counterfeit and shoddy goods, and shall be punished in accordance with the heavier penalties stipulated in the criminal law. .

The difference is that one is manufacturing products with counterfeit trademarks, the other is selling products with counterfeit trademarks, and the other is: 213 "a trademark that is 'identical' to its registered trademark" "counterfeit registered trademark" in 214 can It is a similar counterfeit trademark