1. What are fake and shoddy products?
Fake and shoddy goods are fake and shoddy material products, excluding spiritual products. It is characterized by unreal factors and social harm. Folding counterfeit goods
When manufacturing goods, realistically imitate the external characteristics of other similar products, or copy and sell products that have been protected by intellectual property rights without authorization, so as to impersonate other people's products. In the current market, it is mainly manifested in fraudulent use and forgery of other people's trademarks and signs; Using someone else's unique name, packaging, decoration, factory name and address; Products fraudulently using high-quality product quality certification marks and production license marks. Folding fake and shoddy goods
Refers to the production and distribution of goods, in violation of China's current laws and administrative regulations, its quality and performance indicators can not meet the requirements of China's national standards, industry standards and local standards, or even products produced without standards.
2. What are the constitutive elements of the crime of selling goods with counterfeit registered trademarks?
1, the subject of this crime is the general subject, that is, it can be any unit or individual;
2. The object of infringement is the legal right of others' exclusive right to use registered trademarks and the national trademark management order;
3. Subjectively, it must be intentional, that is, knowing that the goods are counterfeit registered trademarks. If the perpetrator does not know, it does not constitute this crime;
Objectively speaking, you must have the behavior of distributing counterfeit registered trademark goods, and the distribution amount is relatively large. Distribution includes wholesale, retail and consignment. Determining whether a criminal suspect knows when selling goods with counterfeit registered trademarks should be based on the objective facts of the case. As long as he can prove that he knows or should know that he is selling counterfeit goods, he can be regarded as knowing.
legal ground
Article 55 of the Consumer Protection Law
If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the compensation amount shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.