1. Is it illegal to produce and sell counterfeit Bailey brand shoes
As we all know, it is illegal for businesses to sell products that they know are counterfeit. This behavior not only infringes the exclusive rights of registered trademarks, but also brings economic losses and damage to consumers' interests.
Regarding such events, the law stipulates that operators must do any of the following during the business process In such circumstances, in addition to being required to bear corresponding civil liability for compensation, if other relevant laws and regulations clearly stipulate the punishment agencies and disposal measures, they shall be implemented in accordance with the provisions of the law; if the laws and regulations do not clearly stipulate this matter If stipulated, the industrial and commercial administration department or other relevant administrative departments will order them to make corrections in accordance with the law. Depending on the seriousness of the circumstances, they may be given a warning individually or in combination, the illegal gains may be confiscated, and a fine of more than one to ten times the illegal gains may be imposed. If there are no illegal gains, , a fine of not more than 500,000 yuan will be imposed; if the circumstances are particularly serious, the business will be ordered to suspend business for rectification and the business license will be revoked:
(1) The goods or services provided cannot meet the basic needs for personal and property safety;
(2) Fraudulent acts of adulterating or adulterating goods, passing off fake goods as genuine, passing off substandard goods as good ones, or passing off unqualified goods as qualified goods;
(3) The production or sale of goods is expressly prohibited by the country, or the sale of goods that have expired or deteriorated.Article 56 of the "Consumer Rights and Interests Protection Law"
If an operator has any of the following circumstances, in addition to bearing corresponding civil liability, other relevant laws and regulations If there are provisions on the punishment authority and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; if there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, and may impose a warning or confiscation of illegal income solely or concurrently depending on the circumstances. , impose a fine of not less than one time but not more than ten times of the illegal income; if there is no illegal income, a fine of not more than 500,000 yuan shall be imposed; if the circumstances are serious, the company shall be ordered to suspend business for rectification and the business license shall be revoked:(1) The goods or services provided do not meet the requirements for protecting personal and property safety;
(2) Adultering or adulterating goods, passing off fake goods as genuine, substandard goods, or passing off substandard goods Qualified goods;
(3) Goods that have been eliminated by the production country or have expired, Deteriorated goods;
(4) Counterfeiting the origin of goods, counterfeiting or counterfeiting Others’ factory name and address, tampering with the production date, forging or fraudulently using quality marks such as certification marks;
(5) The goods sold should be inspected and quarantined but are not inspected and quarantined or the inspection and quarantine results are forged;
(6) Making false or misleading publicity for goods or services;
(7) Refusing or delaying the relevant administrative department’s order to take measures such as stopping sales, warnings, recalls, harmless treatment, destruction, cessation of production or services for defective goods or services;
2. Selling counterfeit products What laws have been violated by the product
Possible behavior involving the sale of counterfeit and shoddy products The laws involved include: "Consumer Rights Protection Law" and "Criminal Law" and other legal documents.
First of all, in the "Consumer Rights Protection Law", we can find the following relevant Articles: 1) Article 55 clearly stipulates that if a merchant commits fraud when selling goods or providing services to consumers, it shall increase compensation for the losses suffered by the consumer at the request of the consumer, and the amount of increased compensation must be the amount of the consumer. Three times the price of purchasing the goods or receiving services; if the amount of increased compensation is still less than RMB 500, it shall be calculated as RMB 500.
If the law has other special provisions, they shall be implemented in accordance with them.
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