| At present,the safety and quality of our products frequently seriously affect the health rights of citizens,but also the protection of intellectual property rights in China are not also threaten the rights and interests of consumers.Therefore,from the inherent quality of the product and the external brand point of consideration,the crime of producing and selling fake products and counterfeit registered trademark crime object of the cross and overlap in the judicial practice,how to choose the charges of the three aspects of detailed research,will be two categories of crimes against precision and protect people’s livelihood and the protection of human rights has of great significance.In this article,the author will take Ning Moumou production and sale of counterfeit goods case as an example,is divided into three parts on the production and sale of fake or substandard products and counterfeit registered trademark crime.The first part of the article will introduce the basic facts and summarize the focus of controversy.The focus of controversy in this case is whether the appellant constitutes a crime of producing or selling fake or substandard products or counterfeiting registered trademarks.The second part of the article is a case study.Case analysis includes two aspects: the concrete analysis of the case and the suggestion of dealing with the case.The specific analysis of the case will discuss whether the appellant constitutes the crime of producing or selling fake and shoddy products or whether it constitutes a counterfeit registered trademark.Including the handling of the case: 1,distinguish the crime of producing and selling fake products and the crime of counterfeiting registered trademarks;2,in strict accordance with the provisions of criminal law provisions and specific provisions of the appropriate liability involved.The third part of the article is to deal with the relevant judicial issues in the trial of conviction disputes cases.Ning Moumou by the production and sale of fake products in the case of the Ning Moumou refused to accept the verdict,appeal,and finally a successful appeal,get changed,the author from the facts of case handling and in criminal cases the conviction and sentencing are operational recommendations. |
