The Theoretical Study Of The Calculation Standard Of The Amount Of Illegal Management Of The Crime Of Counterfeiting Registered Trademarks

With the development of socio-economy, Intellectual property increasingly showsthe enormous economic value, the law increasingly emphasizes the protection ofintellectual property rights. In the Criminal of PRC, the crime of counterfeitingregistered trademarks is an important part of the Intellectual Property Crime, and theamount of illegal management of it can be divided into crime and noncrime,misdemeanor and serious crimes. Accurate identification of the amount of illegalmanagement will directly affect the verdict. But according to the author’s statistics，about124criminal judgments contain many calculation problems of the amount ofillegal management. This led to a court decision which is contrary to the basic theoryof the criminal law and the judicial fairness. The fundamental reason is the lacking ofsystem and over-reliance on the law of the legislative negligence. However, due to thelimitations of the law, the judicial interpretation can not completely solve all theproblems. Only bold reform to the current system will out of the woods.The body of this article contains three aspects. First is the law applicable to thestatus quo of the amount of illegal management in the crime of counterfeitingregistered trademarks standard. Statistics quoted in this part based on large number ofcases. The amount of illegal management standards applicable process throughdetailed data reveals the resulting consequences and chaos triggered by the status quo.Second part is the analysis of the amount of illegal management standards. Conduct anobjective analysis of the five standards, explore the pros and cons and practical value, provide adequate theory to pave the way for the later idea. Third, the re-select andapply of the amount of illegal management standards. In this section, in order to obtaina better law applicable effect, I boldly propose a new model, the re-selection of thetype and order on the basis of the existing standards.There is comes the final conclusion of this article, in order to finalize the amountof illegal management, we can use the middle market price of infringed products as themain computing standards, then the price of the infringed products, and last is thevaluation conclusion of the valuation agencies. This new computing model willstrengthen efforts to crack down on crime. It can better protect the trademark rights,the legitimate rights and interests of the consumers in the serious crime situation, thenultimately achieve the unity of the legal and social effects of the criminal law.