An Empirical Study On The Crime Of Selling Of Goods With Counterfeit Registered Trademarks

In order to explore the current situation and existing problems of the crime of selling goods of counterfeit registered trademarks in China,this paper uses empirical research methods,taking criminal judgments of four provinces as samples.This paper collects and analyzes date of the number of cases,types of selling infringing goods,goods with domestic or overseas of infringing trademarks,amount of illegal business,circumstances of light or mitigated punishment,length of sentence,crime of unit or individual,amount of fine,etc.These data show that the crime of selling counterfeit registered trademarks is mainly committed by individuals.And the main object of the crime is high grade foreign goods.The punishment for the crime has the characteristics of short sentences for the crime,high probation rate and little fine to pay.The principal reason for these characteristics is that the crime is mainly committed by small businessmen in China,and the profit of fake high grade foreign goods is very high;The punishment is light because the existing calculation methods lead to a low amount of proceeds of crime,inconsistent sentencing,and unclear fine rules.In order to improve the crime of selling goods of counterfeit registered trademarks,we should implement the criminal policy of Combining Leniency with severity.On the one hand,we should calculate the amount of crime based on the market price of fake goods.On the other hand,we should set clear sentencing standards,and carry out reasonable sentencing for the cases that fake goods have been sold and have not been sold.And,we should set clear sentencing standards to improve the application of probation standards.Criminals who do not meet the conditions of probation can not apply probation.Fourth,establishing clear criminal fine standards to achieve the purpose of depriving criminals of economic strength so that they can not and dare not commit crimes again.Finally,according to the new situation and new characteristics of this crime in China,we should strictly crack down on the sales fake goods relying on the network,as well as this crimes committed by units.