Using a trademark identical to its registered trademark on the same commodity without the permission of the registered trademark owner, if the circumstances are serious and constitute a crime; Selling goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large, which constitutes a crime; As well as forging or manufacturing others' registered trademark marks without authorization or selling forged or manufactured registered trademark marks without authorization, if the circumstances are serious enough to constitute a crime.
Elements of infringement
The composition of intellectual property infringement is a controversial issue among scholars. Some scholars have expounded the composition of intellectual property infringement from four aspects:
1, causality
This is an essential element of civil tort in general tort theory, but because some acts of infringing intellectual property rights do not need damage consequences, it is meaningful to identify causality only when it is necessary to determine the infringer's responsibility for the intellectual property rights infringement that causes damage consequences.
2. illegal.
This is an important component of intellectual property infringement. Although many scholars in academic circles are studying whether illegality should be an independent element of infringement, at least in the field of intellectual property infringement, illegality is essential.
Step 3 damage the facts
In the general theory of civil tort, whether it is the theory of three elements, four elements or five elements, it is considered that the damage fact is one of the constitutive elements of civil tort, but many scholars have pointed out that the damage fact (result) is no longer a necessary element of intellectual property infringement, which is also one of the differences between intellectual property infringement and general civil tort.
Refer to the above contents: Baidu Encyclopedia-Crime of Infringement of Intellectual Property, Baidu Encyclopedia-Crime of Infringement of Intellectual Property.