THE PROBLEMS OF LEGAL QUALIFICATION OF TRADEMARK COUNTERFEITING IN RELATION TO GOODS, WORKS AND SERVICES

Abstract

The article is concerned with the problems of estimating the amount of damage caused by trademark counterfeiting in relation to goods (works, services), which is the basic component of an offence under Article 180 of the Criminal Code of the Russian Federation. The authors give a critical appraisal of the law enforcement practice in this field, and based on the analysis of the activities of anti-monopoly enforcement authorities, they make sound recommendations on the use of special techniques for identifying and calculating damage caused by different types of offences under study, which will allow to qualify them properly. The research procedures include analysis, induction and deduction. The results of the research can be used as a basis for developing concrete techniques for law enforcement practice.