Viewpoint | The crime of illegally manufacturing and selling illegally manufactured registered trademark marks is the standard for determining the number of "pieces" in the process of conviction and sentencing.
Published:
2024-07-01
This article from the infringement of the number of registered trademark marks this small aspect, to explain to you how many trademark marks will violate the criminal law, in order to alert.
Foreword
In the process of production and sales, in view of the fact that most producers and sellers are unfamiliar with the concept of trademarks, the Trademark Law, the Criminal Law and other legal provisions, trademark infringement often occurs, and it is precisely because the relevant public is unfamiliar with the relevant laws. As a result, many people violated the law without knowing it, and suffered administrative penalties, civil compensation, and even went to jail. Now, from the small aspect of infringing on the number of registered trademark marks, I would like to explain to you how many trademark marks produced and sold will violate the criminal law, so as to alert you. Let me show you a few cases, as follows:
Without the permission or authorization of the registered trademark owner, Liu printed a total of 51680 pieces of wine boxes and cartons with registered trademark patterns, such as Luzhou Laojiao, Qingzhao, Baotu Spring, etc. Zouping Municipal People's Court held that according to the provisions of Article 12, paragraph 3, of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Intellectual Property Criminal Cases, illegally manufactured "pieces", it is a logo with a complete trademark pattern. The defendant Liu illegally manufactured other people's registered trademark logo. The circumstances are particularly serious, and his behavior constitutes the crime of illegally manufacturing registered trademark logo. (from Binzhou City Intermediate People's Court official website)
The defendant illegally manufactured and sold more than 20,000 HP trademarks, which belongs to the "serious circumstances" stipulated in the criminal law and shall bear criminal responsibility. In strict accordance with the provisions of the law, the court punishes each defendant's crime, highlights the deterrent function of punishment in punishing infringement and counterfeiting, and effectively protects the legitimate rights and interests of the right holders and consumers. (From the official website of Jinan Intermediate People's Court "2022 Jinan Court Intellectual Property Judicial Protection White Paper")
The defendant Ma Moupo forged the registered trademark logo without the permission of the registered trademark owner. The circumstances were serious, and his behavior constituted the crime of illegally manufacturing the registered trademark logo. In the process of conviction and sentencing in this case, each complete and independently usable infringement logo was identified as one, instead of superimposing and calculating several trademark logos printed on the same carrier, the identification standard of the number of "pieces" was accurately grasped. The trial of this case effectively cracked down on the criminal act of illegally manufacturing registered trademark signs, which is conducive to cutting off the criminal chain from the source, stopping the occurrence of downstream crimes in a timely manner, and effectively protecting the legitimate rights and interests of trademark owners and consumers. (from the Tianjin First Intermediate People's Court official website)
Shanghai Qingpu District Market Supervision and Administration Bureau found out that Shanghai Yongling Packaging and Printing Co., Ltd. made other people's registered trademark marks without authorization. Because the party's behavior was suspected of committing a crime, the case was transferred to the public security organ on January 24, 2022. The Shanghai Municipal Market Supervision Administration pointed out that the trademark printing unit should only print the trademark after obtaining the authorization of the trademark owner, and the printed trademark sample should be the same as the trademark pattern on the Trademark Registration Certificate, and must not take improper measures. Means disrupt the fairness and justice of the market environment. (China Consumer News)
Judgment views and application of law in the above cases
Referee's point of view
A 1. trademark printing unit shall only print the trademark after obtaining the authorization of the trademark owner;
The "piece" in the number of illegally manufactured registered trademark marks in the 2. is a mark with a complete trademark pattern. In the process of conviction and sentencing, each complete and independently usable infringing mark is identified as one, instead of superimposing and calculating several trademark marks printed on the same carrier, the identification standard of the number of "pieces" is accurately grasped;
3. the crime of illegally manufacturing or selling illegally manufactured registered trademark logos if the number of forged or manufactured registered trademark logos is more than 20,000, or if the number of two or more registered trademark logos is more than 10,000, it constitutes the crime of illegally manufacturing or selling illegally manufactured registered trademark logos;
When the 4. cannot find out the actual sales price and the intermediate market price, it shall be sentenced and punished in accordance with the criminal law for selling forged or manufacturing two or more registered trademark marks without authorization.
Application of law
1. to Article 215 of the the People's Republic of China Criminal Law, the crime of illegally manufacturing and selling illegally manufactured registered trademark marks refers to the act of forging or manufacturing other people's registered trademark marks or selling forged or manufactured registered trademark marks without authorization.
2. Article 71 of the (II) Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs [Case of Illegal Manufacture and Sale of Illegally Manufactured Registered Trademark Logos (Article 215 of the Criminal Law)] Forgery, unauthorized manufacture of other people's registered trademark logos or sale of forged or unauthorized registered trademark logos, suspected of one of the following circumstances, A case should be filed for prosecution: (1) the number of forged, unauthorized manufacturing or sales of forged or unauthorized registered trademark marks is more than 20,000; (II) forgery, unauthorized manufacturing or sales of forged or unauthorized manufacturing of two or more registered trademark marks is more than 10,000 pieces.
To sum up, it can be seen that the criminal threshold for the crime of illegally manufacturing and selling illegally manufactured registered trademark logos is very low. If the number of forged, unauthorized manufacturing or sales of forged or unauthorized registered trademark logos is more than 20,000, or the number of two or more registered trademark logos is more than 10,000, it constitutes the crime of illegally manufacturing or selling illegally manufactured registered trademark logos. In short, I hope everyone can learn more about the relevant legal knowledge of intellectual property rights, start from themselves, support genuine goods, and protect intellectual property rights.
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