Study On The Legal Application Of The Crime Of Selling Counterfeit Registered Trademarks

The crime of selling counterfeit registered trademarks is the most common type of infringement of intellectual property rights.Because of the characteristics of the elements of the constitutive elements of this crime,there has been a great debate between the judicial personnel and the experts and scholars on the establishment of the crime and the form of the crime.In the judicial practice and the criminal law theory,this crime can only be directly intentional,how to understand the meaning of knowledge and whether to ask for profit for the purpose of determining the subjective crime of the crime.There are three doctrines on the key elements of the crime,the specific criteria for the identification of the amount of illegal operations and the unaccomplished form of the crime.For the subjective fault of this crime,the author thinks that the actor must be directly intentional and not profit oriented.As to "knowing",we should explain it as "ought to know";when we identify the amount of illegal operation,the goods that have been sold should be sold in accordance with the amount sold,and the unsold goods can only be priced according to the person's price to the goods and the middle price of the goods on the market;when judging the form of the crime,We should first affirm the unaccomplished form of this crime.When we specifically determine the criminal form of the perpetrator,we should comply with the relevant judicial interpretation.If we determine the existence of obvious injustice in accordance with the judicial interpretation,we shall return the amount of the sale of the goods that the perpetrator has already sold to the amount of the goods that have not been sold.Combine these two aspects to identify the criminal form of the perpetrator.