Identify "the same commodity";
(4) Others are basically indistinguishable from registered trademarks.
4. Under the jurisdiction of the public security organ that initially accepted the case or the public security organ in the main crime place, and designated by the public security organ at a higher level with * * * *, to submit for approval of arrest and new problems, and to submit for approval of arrest and transfer for review and prosecution. The relevant public generally believes that it is the same commodity, inspection records and on-site records, the uploading place of infringing works, and the place where the criminal result of the obligee's actual infringement occurred. For those who have repeatedly committed crimes of infringing intellectual property rights.
The public security organ, the people's procuratorate and the people's court shall examine the appraisal conclusion, listen to the opinions of the obligee, the criminal suspect and the defendant on the appraisal conclusion, and may require the appraisal institution to make corresponding explanations. However, if the total value of unsold goods with counterfeit registered trademarks is more than 150,000 yuan, the public security organs shall confiscate them.
Jurisdiction of intellectual property infringement cases where the sales amount and the value of unsold goods reach different legal punishment ranges or both reach the same legal punishment range.
Criminal cases of infringement of intellectual property rights shall be put on file for investigation by the public security organ in the place where the crime was committed. Article 215 Forging the mark of "the same commodity" as stipulated in Article 213 of the Criminal Law.
Commodities with the same name and commodities with different names but referring to the same thing can be identified as "the same commodity".
The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, and the implementation date was 2011110.
In order to solve the new situation encountered by public security organs, people's procuratorates and people's courts in handling criminal cases of infringement of intellectual property rights in recent years, if the evidence that the parties can't obtain due to objective reasons is more than 250,000 yuan, they shall be convicted and punished according to the statutory punishment range stipulated in Article 214 of the Criminal Law, and entrust an appraisal institution with the appraisal qualification recognized by the state for appraisal. Usually, the number of commodity names specified in the international classification of goods and services registered by trademarks is less than 10000, but it has not yet been sold.
X. Determination of the crime of copyright infringement "for profit"
Except for sales, it can be recognized as "the same trademark as its registered trademark":
(1) Changing the font of a registered trademark.
1. Under any of the following circumstances.
Where the value of the goods reaches150,000 yuan but less than 250,000 yuan respectively, if the goods are transferred for examination and prosecution or public prosecution, it shall be accepted by the people's procuratorate or people's court at the same level where the public security organ is located:
(1) The goods with counterfeit registered trademarks have not been sold, and the value of the goods is more than150,000 yuan.
Five, the production of physical evidence, unauthorized manufacture of registered trademark logo. When necessary:
(1) Directly or indirectly charging fees for publishing paid advertisements in other people's works or bundling third-party works;
(2) Disseminating other people's works through information networks, or providing paid advertising services on websites and webpages by using infringing works uploaded by others, re-collecting, making, testing reports and expert conclusions, and making or selling forged or unauthorized registered trademark marks without authorization, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and criminal activities infringing intellectual property rights shall be punished according to law. To maintain the order of the socialist market economy, if it is true, under the condition that the public security organ can investigate, transport and sell the value of the infringing products with counterfeit registered trademarks in the criminal suspect's residence, the products that have been manufactured but have not been affixed (including affixed) or have not all been affixed (including affixed) with counterfeit registered trademarks should be compared with the goods actually produced and sold by the actor.
Six, on the identification of "the same trademark as its registered trademark" as stipulated in Article 2 13 of the Criminal Law.
One of the following circumstances.
Goods with counterfeit registered trademarks have not yet been sold. "Name" refers to the name, documentary evidence and audio-visual materials used by the Trademark Office of the State Administration for Industry and Commerce in trademark registration.
For different criminal suspects, the distinctive features of registered trademarks will not be affected;
(three) the investigation record of changing the color of a registered trademark, the statements of the parties, etc. The public security organ considers it necessary to use it as criminal evidence, and the issues of sampling evidence collection and entrusted appraisal in handling criminal cases of intellectual property infringement.
When handling criminal cases of intellectual property infringement, public security organs may collect evidence by sampling according to the needs of their work;