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Anonymous users2024-02-12Legal Analysis: Depends on the circumstances.
1. Counterfeiting of registered trademarks.
1) Where the amount of illegal business operations is more than 50,000 yuan or the amount of illegal gains is more than 30,000 yuan, (2) counterfeiting two or more registered trademarks, the amount of illegal business operations is more than 30,000 yuan, or the amount of illegal gains is more than 20,000 yuan, and (3) other circumstances where the circumstances are serious.
2. The crime of selling goods with counterfeit registered trademarks.
If the sale of goods that are known to be counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, a case shall be filed.
3. The crime of illegally manufacturing and selling illegally manufactured registered trademark logos.
1) Counterfeiting, unauthorized manufacturing or sale of counterfeit or unauthorized registered trademark logos in the number of 20,000 or more, or illegal business operations in the amount of 50,000 yuan or more, or illegal gains of 30,000 yuan or more (2) Counterfeiting, unauthorized manufacturing or sale of two or more types of registered trademark logos in the number of 10,000 or more, or illegal business operations in the amount of 30,000 yuan or more, or illegal gains of 20,000 yuan or more (3) other serious circumstances.
Legal basis: Criminal Law of the People's Republic of China
Article 213 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.
Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Article 215 Where the circumstances are serious, the person who forges or manufactures the logo of another person's registered trademark or sells the logo of a registered trademark of another person without authorization 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 to be between three and seven years imprisonment and a concurrent fine.
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Anonymous users2024-02-11Legal Analysis: Depends on the circumstances.
1. Counterfeiting of registered trademarks.
1) The amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan, (2) counterfeiting two or more registered trademarks, the amount of illegal business operation is more than 30,000 yuan, or the amount of illegal income is more than 20,000 yuan, (3) other circumstances where the circumstances are serious.
2. The crime of selling goods with counterfeit registered trademarks.
If the sale of goods that are known to be counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, a case shall be filed.
3. The crime of illegally manufacturing and selling illegally manufactured registered trademark logos.
1) Forgery, unauthorized manufacture or sale of counterfeit or unauthorized manufacture of registered trademark logos in the number of 20,000 or more, or illegal business in the amount of 50,000 yuan or more, or illegal gains of more than 30,000 yuan (2) Forgery, unauthorized manufacture or sale of two or more types of registered trademark logos in the number of 10,000 or more, or illegal business in the amount of 30,000 yuan or more, or illegal gains of more than 20,000 yuan (3) other circumstances where the circumstances are serious.
Legal basis: Criminal Law of the People's Republic of China
Article 213 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.
Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Article 215 Where the circumstances are serious, whoever forges or manufactures the logo of another person's registered trademark without authorization, or sells the logo of a registered trademark that is forged or manufactured without authorization, 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.
Hello, in fact, there are many cases in this regard;
False promotion of mobile games constitutes unfair competition. >>>More
1. 4 points will be deducted if the same user is convicted of the same intellectual property complaint for the first time; >>>More
1. If the time of the intellectual property property income is before the marriage, even if the income is actually obtained after the marriage, the income is still the personal pre-marital property. 2. If the property income of intellectual property rights is clearly within the period of the existence of the marital relationship, the income shall be jointly owned by the husband and wife, regardless of whether the actual income is obtained during the existence of the marital relationship or after the divorce.
1. Trademark, proving that the use of the trademark is not similar to the complainant's registered trademark or used earlier; 2. Patents, which prove that the products sold by oneself are not similar to the complainant's patent rights or were used earlier; 3. Copyright, proving that the product sold by oneself is not similar to the complainant's copyright or used earlier; However, as important intellectual property rights, trademark rights, patent rights, and copyrights themselves are the best in market competition, and it is recommended that the respondent learn from the pain and register or apply for their own independent trademark rights, patent rights, and copyrights as soon as possible. If the ** product is complained of infringing intellectual property rights: (1) If the intellectual property rights of others are infringed due to the trademark rights of the goods, at least one of the following documents needs to be provided when complaining: >>>More
It has brought me incalculable economic losses, = let me become a nobody, let me have nothing, I am scolded everywhere, I am questioned and do not believe that it is my creation, and I can't believe that others want to take possession of your work for a dime, and fourth, although the infringing works bring me a certain income, but also bring a shackle to the infringer, and the consequence of infringement is to go to prison, and it will also make the infringer return to the past life