Is it a crime to counterfeit a brand without an authorization letter?

These fake and shoddy products may have an impact on your life or even cause accidents after purchasing them. How should you commit a crime for selling counterfeit brands? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Is it a crime to counterfeit a brand without a letter of authorization

According to the "Criminal Law of the People's Republic of China" 》Article 214 stipulates that the crime of selling goods with counterfeit Registered trademarks refers to the act of selling goods that are knowingly counterfeit and registered trademarks, with a sales amount of more than 50,000 yuan.

1. The subject of this crime is a general subject, that is It can be any unit or individual;

2. The object of the infringement is the legitimate exclusive rights of others to register trademarks and the national trademark management order;

3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime;

4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of distribution is relatively large. Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"

Article 2: Anyone who knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, falls into the category of “relatively large amounts” as stipulated in Article 214 of the Criminal Law, and shall be registered as selling counterfeit goods. Those who commit trademark crimes shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" stipulated in Article 214 of the Criminal Law, and shall be classified as selling counterfeit registered trademarks. Commodity crime shall be sentenced to a fixed term of not less than three years but not more than seven yearsimprisonment, and a fine.

The above content is the relevant answer. If you sell a counterfeit brand, you need to be punished according to the sales amount. The sales amount is more than 50,000 yuan. If so, it has constituted a crime. In terms of sentencing, it is usually a fixed-term imprisonment of less than three years. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.