Research On The Investigation And Prevention Measures Of The Crime Of Counterfeiting Registered Trademarks By Network Sales

From the success of the first online electronic transaction in 1998 to the online shopping of 71% of the 802 million netizens in 2018,China has achieved a leap from face-to-face transactions to online transactions in just 20 years.In face to face transactions,the quality of goods can be directly perceived and judged,buyers will not deliberately pursue registered trademarks,and in the virtual market environment,buyers can rely on only pictures and evaluation,at this moment "brand" is particularly eye-catching.More and more businessmen,attracted by the low cost and high returns of online trading,are rushing into the competition to seize the online trading market to gain economic benefits.There are some people who have the idea of registering trademarks,ignore the law,and make high profits by putting "registered trademarks" on their commodities,taking advantage of the brand effect.With the progress of science and technology,selling counterfeit registered trademarks through the Internet will become a problem that must be faced at present and even for a long time to come.The crosstemporal,free and open nature of the Internet makes the online trading behavior of selling counterfeit registered trademark commodities more severe and extensive compared with faceto-face trading,and the detection is more difficult.How to better crack down on this kind of crime,how to prevent the occurrence of this kind of crime,this paper analyzes from five aspects.The first part of the network sales of counterfeit registered trademark commodity crime is outlined,mainly introduces its concept,means and characteristics.The means include the use of e-commerce platform sales,the use of social platform sales and the use of self-built website sales,the characteristics of the case from the subject,the victim,the scope of the case,the means of transaction,traces left from five angles to explain.The second part is the analysis and summary of the reasons for the high incidence of cases,including "profitable","opportunities","have nothing to fear","there is a way back".The third part introduces the difficulties encountered in the process of investigating such cases,including the concealment and changeability of criminal identity,the difficulty in tracking and locking,the great dispute over case filing jurisdiction,the unsound coordination mechanism,the great difficulty in product identification,the high black number of involved value,the wide range of investigation and evidence collection,and the difficulty in identifying electronic evidence.The fourth part elaborates the investigation countermeasure of this kind of crime.This part is the main part of this paper,including six contents: first,the use of big data thinking,tamping data investigation concept;The second is to collect clues,carry out preliminary investigation;Third,grasp the main thread of investigation;Four is to grasp the opportunity,the implementation of arrest;Fifth,the comprehensive collection of evidence,fixed facts;Six is to dig the upstream crime,catch all.The fifth part puts forward preventive measures for the online sale of counterfeit registered trademark goods,mainly including improving the relevant legal system,enhancing the public's awareness of intellectual property rights,improving the platform trading management mechanism,strengthening the supervision of the logistics industry,and promoting the joint law enforcement mechanism of the government.