What is the legal analysis of "counterfeiting" in trademark infringement and its legal regulations: When the People's Court hears trademark dispute cases, at the request of the right holder, goods belonging to counterfeit registered trademarks will be ordered to be destroyed, except in special circumstances. ; The materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools shall be ordered to be prohibited from entering commercial channels without compensation. Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.
Legal basis: According to Article 63 of the Trademark Law of the People's Republic of China: the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement. When hearing trademark dispute cases, the People's Court shall, at the request of the obligee, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; and order the destruction of materials and tools mainly used to manufacture goods with counterfeit registered trademarks without compensation. ; Or under special circumstances, be ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation. Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks. According to Article 67 of the Trademark Law of the People's Republic of China: If the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, In addition, criminal liability shall be investigated in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.