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This depends on the specific facts of the case, whether he is subjectively and directly involved in trademark infringement or only contracting trademark printing services, and this situation will be more obviously different in the determination of whether he committed a crime and what crime he committed. If it is a first-time offender and does not know that the trademark is a counterfeit trademark, the punishment is the lightest, but it is not stable to be treated as an accomplice or principal offender.
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If you have never printed a fake trademark, it is too little, just like people who drink and don't drive, a few people who drive say that they have never drunk and driven, or spend some money to rationalize the relationship, turn big things into small things, small things, and there are no accidents because of fake trademarks selling fake goods, it is not a big problem. If you are in a detention center now, you should seek out the relationship with the procuratorate, strive to be released on bail pending trial as soon as possible, and try not to prosecute the court.
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If it's the boss, it's serious, but there is no civil liability involved. If it's a part-time job, it's totally fine.
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Ask a question Not specific? According to the relevant provisions of the Criminal Law and the Trademark Law, "the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement." Where it is difficult to determine the benefits obtained by the infringer as a result of the infringement as used in the preceding paragraph, or the losses suffered by the infringed party as a result of the infringement, the people's court is to make a judgment to give compensation of up to 500,000 RMB on the basis of the circumstances of the infringement.
Specifically, economic compensation shall be made based on the number of printed goods, the amount of the subject matter involved in the case, and the value of the infringing trademark.
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If it is a first-time offender and an accessory, and has a good attitude of admitting mistakes, it will not be very serious, and it should be fined.
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Your brother is the boss, it's serious, and your brother is a worker, so there's nothing to do.
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Did your brother run a printing shop, or was he arrested for printing fake trademarks? The degree of punishment is also different depending on the subject.
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It is a criminal case, and the infringement of another person's trademark will be severely punished.
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Legal Analysis: Criteria for Determining the Crime of Counterfeiting Registered Trademarks: (1) The Object Elements of the Crime of Counterfeiting Registered Trademarks:
The state's management system for trademarks and the exclusive right to use registered trademarks of others. (2) Objective elements of the crime of counterfeiting a registered trademark: The crime of counterfeiting a registered trademark is manifested as the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and the circumstances are serious.
3) Subject elements of the crime of counterfeiting registered trademarks: The subject of this crime is a general subject, and both natural persons and units can become the subject of this crime. (4) Subjective elements of the crime of counterfeiting registered trademarks:
The subjective aspect of this crime is manifested as intentionality, that is, the perpetrator knows that a certain trademark is a registered trademark of another person, and without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same goods.
Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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Lawyer's pre-cavity analysis:
Providing transportation for criminals without knowing it is not a legal duty.
Legal basis]:
Criminal Law of the People's Republic of China: Article 310: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.
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Legal Analysis: It is not a legal duty to unknowingly provide transportation for criminals.
Legal basis: Criminal Law of the People's Republic of China: Article 310 Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is to be between the third draft brother and the elder brother Jing Nian Chenliang and fixed-term imprisonment of not less than 10 years.
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Legal Analysis: It is not a legal duty to provide criminals with filial piety transportation without knowing it.
The law is hidden:
Article 310:Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.
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If the printing of a fake trademark label infringes upon the trademark rights of others, and the circumstances are serious, criminal liability may be pursued for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos.
Interpretation of Bu Qinghua on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights》 Article 3: In any of the following circumstances, anyone who forges or manufactures another person's registered trademark logo or sells a counterfeit or unauthorized registered trademark logo is "serious circumstances" as provided for in Article 215 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years, short-term detention or controlled release, and/or a fine for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos: (1) Forgery, The number of counterfeit or unauthorized manufactured registered trademark logos is more than 20,000, or the amount of illegal business is more than 50,000 yuan, or the amount of illegal gains is more than 30,000 yuan; (2) Forging, manufacturing or selling two or more types of registered trademark logos in the amount of 10,000 or more, or illegally operating in an amount of 30,000 yuan or more, or illegally gaining more than 20,000 yuan; (3) Other situations where the circumstances are serious.
In any of the following circumstances, it is a "particularly serious circumstance" as provided for in article 215 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos: (1) Counterfeiting, unauthorized manufacturing, or selling counterfeit or unauthorized registered trademark logos in the number of 100,000 or more, or illegal business operations amounting to 250,000 yuan or more, or unlawful gains amounting to 150,000 yuan or more; (2) Counterfeiting, unauthorized manufacturing, or selling of two or more types of registered trademark logos, or the amount of illegal business operations is more than 150,000 yuan, or the amount of unlawful gains is more than 100,000 yuan; (3) Other situations where the circumstances are especially serious.
Article 215 of the Criminal Law of the People's Republic of China: Whoever forges or manufactures another person's registered trademark logo without authorization, or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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If the printing of a fake trademark label infringes upon the trademark rights of others, and the circumstances are serious, criminal liability may be pursued for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos. Article 3 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights: In any of the following circumstances, a person who forges or infiltrates Tongbo without authorization to manufacture another person's registered trademark logo or sells a forged or unauthorized registered trademark logo shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine for a single round of Lu shall be imposed on the crime of illegally manufacturing or selling illegally manufactured registered trademark logos
1) Forged, manufactured or sold 20,000 or more counterfeit or unauthorized registered trademark logos, or illegally operated with an amount of 50,000 yuan or more, or illegally obtained more than 30,000 yuan; (2) Forging, manufacturing or selling two or more types of registered trademark logos in the amount of 10,000 or more, or illegally operating in an amount of 30,000 yuan or more, or illegally gaining more than 20,000 yuan; (3) Other situations where the circumstances are serious. In any of the following circumstances, it is a "particularly serious circumstance" as provided for in article 215 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos: (1) Counterfeiting, unauthorized manufacturing, or selling counterfeit or unauthorized registered trademark logos in the number of 100,000 or more, or illegal business operations amounting to 250,000 yuan or more, or unlawful gains amounting to 150,000 yuan or more; (2) Forging, manufacturing or selling two or more types of registered trademark logos in the amount of 50,000 or more, or illegally operating in an amount of 150,000 yuan or more, or illegally gaining more than 100,000 yuan; (3) Other situations where the circumstances are especially serious.
Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights.
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