假冒注册商标罪实务问题探究

Probe into the Practical Problem of Counterfeiting Registered Trademarks

近年来,"双11""双12"等促销活动愈发受到民众欢迎,各类网购平台在方便民众消费的同时,也因其低门槛、缺监管、高流动性等特点给犯罪分子实施侵犯知识产权类犯罪提供了便利。为此,我国逐渐加大对知识产权的刑事保护力度,查办侵犯知识产权案件数量明显上升。假冒注册商标罪作为最为常见、最为多发的知识产权犯罪类型,呈现出复杂化、专业化、跨区域、手段隐蔽化等特点。在该类案件的司法认定中,尚存有诸多疑难问题有待解决。本文结合现有法律以及司法实践,对认定难点进行分析,提出一些想法,以期回应司法实务中的困惑。

In recent years, sale promotion activities such as ＂Double 11＂ and ＂Double 12＂ have been popular and online shopping platforms have provided convenient services to customers. Because of their low standards of registration, lack of supervision and high mobility, they have also provided convenience and opportunities to criminals to infringe upon intellectual property right. As such, police have made greater efforts to protect intellectual property right so the related cases they have solved are on the rise. The high incidence of crimes of counterfeiting registered trademarks and selling faked products is one of its characteristics and this crime appears in various forms and complicated, professional, transregional and secret. In judicial practice, there exist some problems waiting to be solved. Based on present legal and judicial practices, his paper analyzes some puzzles, advocates some positive ideas to answer puzzles in this field.