A Probe Into The Difficulties In The Crime Of Selling Counterfeit Registered Trademarks

Since the systematic study of intellectual property began in 1979,China has made a lot of explorations and achievements in the regulation of the criminal law of intellectual property.However,there are still some disputes on many issues,especially on the study of the criminal law of trademark crime.Taking goods selling counterfeit registered trademark crime as the object,goods for selling counterfeit registered trademark crime related problems are discussed,the thesis mainly is divided into five most:about basic questions,about the cognizance of the damage behavior,subjective psychological judgement,identifying and amount in the form of crime,through the five aspects of research and demonstration,trying to explore,clear goods selling counterfeit registered trademark crime related problems.Paper first are mostly about the fundamental problem of the goods selling counterfeit registered trademark crime,this part from the two aspects of the status quo about the definition and this crime punishment,to clarify about the relevant laws and regulations,concepts,and the difference between this crime and other crimes are briefly discussed,and from this crime industrialization,cohesion of execution and three criterions for the conviction of the status quo,suggests that this crime punishment do matting for the following specific problems discussed,as well as the theory starting point of this paper research.Paper is the second most goods about selling counterfeit registered trademark crime harm behavior,this part involves the "sales behavior,"counterfeit registered trademark goods "and" use "of the specific connotation and concrete determination,combing theory at the same time hope to help the judicial practice of this crime harm behavior of the solution of the problem.The third part of the thesis is about the judgment of the subjective psychological attitude of the crime of selling counterfeit registered trademarks.This part mainly discusses the specific connotation and identification of"knowing clearly".As for whether the connotation of"knowing clearly"contains indirect intention,there are still disputes in the theoretical circle.However,how to specifically identify"knowing"in practice remains to be further clarified.The third part of this paper explains and analyzes relevant issues.The fourth part of the paper is about the identification of the criminal cessation form of the crime of selling fake registered trademarks.This paper mainly defines the following problems:the crime has the form of attempted crime,and when the amount of sold goods and the amount of unsold goods coexist,the criminal form should be identified as"accomplished absorption attempt".The fifth part of the thesis is about the determination of the amount of the crime of selling fake registered trademarks.The thesis briefly discusses the amount standard that constitutes the crime,and analyzes the problems and solutions of the existing amount determination rules,which negates the rationality of determining the value of goods with the"intermediate price of the market of the infringed products”.Paper mainly involved in the sales of counterfeit registered trademark crime harm the goods identified,crime,the offender subjective judgment of mental attitude,in the form of crime,the criminal problems such as identifying and amount of the crime is one of the controversial issues in the theory or practice,this article through the discussion of the five most,in the sales of the crime of counterfeit registered trademark goods on defined on the basis of the basic problems,trying to make this a few problems one by one,and one by one analysis and draw a systematic viewpoint and the view,not only from the crime of counterfeit registered trademark goods theoretically discusses the problems and analysis,It is also expected to provide ideas and solutions for the perfection of the crime theory and the solution of problems in practice.