Wechat Business Selling Counterfeit Registered Trademark Commodities In The Cognizance Of The Crime

Wechat business because of its own has the nature of social networking, and previous electronic trading, thus formed a kind of new network sales model. Because of its internal control mechanism and law enforcement supervision lag, there is no threshold of market access, making all kinds of risks exist in wechat business. For some time, WeChat marketing hot.But that there was a merchant openly selling counterfeit products, so that more and more people demand on wechat business norms. Wechat business of selling counterfeit registered trademark of the goods, not only harm the legitimate rights and interests of consumers, also is serious violation of others with the exclusive use of a registered trademark and the trademark management system in our country, if the case constitutes a crime and criminal penalties. Such crimes that quantity more and more, so the judiciary has been more and scholar’s attention.In this paper is divided into five parts, discusses wechat business selling counterfeit registered trademark crime. The first part of this article research purpose, significance and the content and research method to carry on the overall situation;The second part elaborates the concept of corresponding from theory, and sums up the three features of wechat business of this kind of crime, namely crime subject younger, criminal means, the rapid rate of sales. Then analysis the wechat business goods selling counterfeit registered trademark crime in the operation process and the dangers of behavior. The third part is the focus of this article, is a registered trademark of wechat business selling fake goods crime judicial cognizance of the difficulty. By Jia Mou case to ask questions, and sums up the wechat business such crime exists in the judicial cognizance of the four difficulties:the crime subject is difficult to determine, value that difficult uncertain divisions, crime form, crime evidence not fixed. The fourth part is the countermeasures against the difficulties the justice, including taxonomy confirm crime subject, the sales amount is reasonable determination, objective grasp criminal pattern and fixed evidence four measures is given priority to with electronic evidence. The fifth part is summary of this paper. Through the above in wechat business goods selling counterfeit registered trademark crime concept and the characteristics of such crimes such as the study of the basic theoretical knowledge, and through the case analysis of Jia Mou, so that the judicial organs in handling about wechat business merchandise sales of counterfeit registered trademark crime cases can better use and understand the relevant laws and regulations, more operable in the judicial practice, for the relevant authorities provide powerful legal weapon against crime.