Utilisation of law concurrence in criminal prosecutions
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clpstaff &clp articlesRouseBelinda [email protected] drugs often bear counterfeit trade marks. If the product involved falls within the legal definition of counterfeit…
Rouse
Belinda Yang
[email protected]
Counterfeit drugs often bear counterfeit trade marks. If the product involved falls within the legal definition of counterfeit drugs, it is highly possible that the suspect's act constitutes both the crime of producing and distributing counterfeit drugs and the crime of counterfeiting a registered trade mark at the same time. This is in accordance with the Criminal Law of the People's Republic of China (the Criminal Law). There is therefore concurrence of two criminal acts, or law concurrence. This article looks at how trade mark owners can use this concurrence to their benefit.
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