More Than 3 Thousand Yuan Counterfeit Clothing

Knowing that it is a counterfeit registered trademark, it still buys more than 90 thousand clothes at more than 50 thousand price. The only thing is that Kuang Mou, who bought at a low price, did not expect that after the goods were identified, the market price of the genuine product was RMB 36333680 yuan. The Zhongshan Procuratorate sued Kuang for selling counterfeit registered trademarks.

In July 21st, the first people's Court of Zhongshan opened the case in public.

"I didn't think so much, because they were all groceries, and I didn't think about the specific price."

At the trial court, Kuang gave an excuse for the amount of money involved in the public prosecution.

In 2009, the defendant bought a low price.

The public prosecutor believed that Kuang and her husband Wang (a separate case) bought two fake warehouses with a total area of more than 500 square meters after the purchase of counterfeit "ABERCROMIE&FITCH" (A Berkebile Ron and Fitch) at a low price. They stored 90228 counterfeit American brand clothing products for men and women respectively.

In addition, Kuang Mou was punished by the administrative penalty for selling counterfeit trademarks in 2006, and had the ability to recognize counterfeit goods.

Although there is no definite price tag for products, according to the interpretation of certain issues concerning the specific application of laws in handling criminal cases involving infringing intellectual property rights, the infringing products are not priced or are unable to find out their actual selling prices. According to the market intermediate price of the infringing products, the prosecution of Kuang Mou on the basis of selling counterfeit registered trademark goods and the market intermediate price determined according to the conclusion of the appraisal are used as a reference for determining the price involved in the case.

Kuang Mou's defense counsel believes that the conclusion of this case is too high. It is suggested that the court should use a normal sale price described in a public security organ's investigation record to calculate the total amount of clothing involved.

First of all, because Kuang Mou did not personally count the total number of goods when it was seized, the number of access needed to adjust the amount involved.

In addition, the appraisal conclusion is based on the price certificate provided by the trademark registrant, but it is not appropriate to produce the authoritative appraisal price report.

Various evidence

(Chen Ruo)

French bar links

The 214th provision of the criminal law is that a sale is knowingly known as a counterfeit registered trademark, and if the amount of sale is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or punished. If the amount of sale is huge, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Crime of selling counterfeit registered trademark goods 214

The second article of the Supreme People's Procuratorate of the Supreme People's Procuratorate on the specific application of criminal cases involving infringement of intellectual property rights is sold as a counterfeit registered trademark, and the amount of sales over fifty thousand yuan is the "larger amount" stipulated in the 214th provision of the criminal law. It shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in connection with the sale of counterfeit registered trademarks.

The amount of sales over two hundred and fifty thousand yuan is the "huge sum" stipulated in the 214th provision of the criminal law, and shall be sentenced to three years and more than seven years' imprisonment and a fine in accordance with the crime of selling counterfeit registered trademarks.