Factory brand infringement, is the seller committing a crime?

There are many copycat factories in our country. These factories specialize in producing counterfeit goods of well-known brands. After the copycat factories produce these counterfeit goods, they will be sold to some merchants, and the merchants will then sell the counterfeit goods to consumers. In this case, the factory's brand is infringed and the seller is committing a crime. ? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Factory brand infringement, does the seller commit a crime?

The seller knows that the product is If it is an infringement, if it is still sold, if the circumstances are serious, it will constitute the crime of selling infringing copies.

"Criminal Law of the People's Republic of China"Article 218: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to not more than three years in prison. Fixed-term imprisonment or criminal detention, and in addition or only a fine.

In practice, if an actor commits an act that infringes upon copyright or copyright-related rights and interests, it constitutes a crime, and then sells the infringing copies he or she makes and If the amount of illegal income is huge, the latter act will only be punished as a crime of copyright infringement, and cannot be charged with the crime of selling infringing copies and be punished for several crimes; if the infringing copies sold by the perpetrator are not infringing copies made by the perpetrator, If the two acts meet the amount or circumstances required to constitute a crime, he should be convicted of both crimes and punished with multiple crimes; if the person who sells infringing copies conspired with the person who committed the crime of copyright infringement in advance, he should be punished. should be punished as a crime of copyright infringement.

The above knowledge is the editor's answer to the question "Factory brand infringement, does the seller commit a crime?" If the seller knows that the product is infringing, if it still If sold, if the circumstances are serious, it may constitute the crime of selling infringing copies. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.