Research On The Identification Of The Illegal Turnover In The Crime Of Counterfeiting Registered Trademark

As social and economic development, the crime trends of counterfeiting registered trademark have become increasingly rampant. The illegal turnover has also an significant effect on the conviction and sentencing for the crime of counterfeiting registered trademark. However, as the limitations of our present legislation on the standard of illegal turnover, the identification of the illegal turnover has caused lots of disputes in judicatory practice. This paper, based on the comprehensive analysis the case of “Wang××committed counterfeiting registered trademark crime ”, explores the advantages and disadvantages of the connotation and identification standard for counterfeiting registered trademark crime. And then combined with practical applications of counterfeiting registered trademark crime to make some suggestions for reconstructing the identification standard of the illegal turnover.This paper is divided into four parts. The first part introduces the case of "Wang Mou guilty of counterfeiting registered trademark crime", the basic understanding of the judicial practice is how to determine the amount of illegal business, so as to determine the focus of writing this paper.The second part discusses the connotation of the amount of illegal business. Firstly, with the production and sale of shoddy goods crime in the "sales amount", launched the "illegal business transactions" with a similar meaning. Followed by an analysis of the relationship between the "illegal business volume" and "amount of illicit income", "administrative protection in cognizance of the amount of illegal business", to meet certain conditions of "illegal business volume" and "amount of illicit income", giving priority to the application of "illegal business transactions" identified as a standard. For an administrative penalty and the amount of illegal business to achieve the standard of the criminal standard, as well as the illegal operation of the administrative penalties, the cumulative calculation. The analysis finds that the amount of illegal business has an important effect on the conviction and sentencing, but it is not the only factor.The third part discusses the calculation of the amount of illegal business. Whether the semi finished product is included in the illegal business, the author believes that if the semi-finished products can be sold separately, should be included in the. About how to calculate the accomplice Wang, the amount of illegal business, in "the actual amount", and "amount of division of" three kinds of common crime amount theory, the author thinks that compromise should apply "amount of division said," this embodies the fair and reasonable "total amount". For the distribution of the burden of proof of sales and sales of infringing products, the author thinks that it is feasible to make the defendant bear the burden of proof on the basis of the convenience of handling cases and taking into account the interests of the defendants at the same time. Finally, through the case of the value of non sales of infringing products to the value of the application of the standard, to a comprehensive analysis of the amount of illegal business identification standards.The fourth part is a reconstruction of the amount of illegal business standards. "Infringing products in the intermediate market price calculated the value of infringing products have been sold to; for the manufacture, storage, transportation and sales(hereinafter referred to as" not for sale ") the value of infringing products, if identify the actual sales price, in order to calculate the actual sales price; if you can't identify client designated agencies determine valuation.For " know to buy fake fake ", to " actual sales price calculation has been selling the value of infringing products; for not selling the value of infringing products or unable to identify the actual sales price, shall be entrusted price authentication center of valuation.