What are the legal provisions for penalties for counterfeit brands
1. Counterfeit products are not a law In terms of terminology, counterfeit products legally include "three noes" products, substandard products, and trademark infringing products.
2. For sales of "three no's" products, substandard products, etc. stipulated in the "Product Quality Law", penalties shall be imposed in accordance with the provisions of the "Product Quality Law";
3. For sales of trademark infringing products, penalties will be imposed in accordance with the provisions of the Trademark Law and the Consumer Rights Protection Law of the People's Republic of China.
4. If the sale of counterfeit and shoddy products constitutes a crime, criminal liability will be pursued in accordance with the provisions of the Criminal Law.
5. Legal basis:
(1) "Product Quality Law"Article 49 Production and sales are not consistent with the protection of human health Products that comply with national standards or industry standards for personal and property safety shall be ordered to stop production and sales, illegally produced and sold products shall be confiscated, and illegally produced and sold products (including sold and unsold products, the same below shall be punished) ) A fine of not less than three times the value of the goods shall be imposed; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 50 Whoever adulterates or counterfeits products, passes off fakes as genuine, passes off substandard products as good, or passes off unqualified products as qualified products shall be ordered to stop Production and sales, illegally produced and sold products shall be confiscated, and a fine of not less than 50% but not more than three times of the value of the illegally produced or sold products shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated; in serious cases, suspension shall be imposed Business license; if it constitutes a crime, criminal liability will be pursued in accordance with the law.
Article 53 Anyone who forges or impersonates another person's factory name or address, or who forges or impersonates certification marks or other quality marks, shall be ordered to make corrections, and any illegally produced or sold goods shall be confiscated. products, and shall be fined up to the value of the illegally produced and sold products; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.
(2) "Trademark Law"
Article 60 contains Article 5 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 17 causes a dispute, it shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request industrial and commercial administration. Department processing.
If the administrative department for industry and commerce determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with registered trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed . Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the Civil Procedure Law of the People's Republic of China. 》Sue in the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
(3) "Consumer Rights and Interests Protection Law of the People's Republic of China"
Article 50 Article 5 If an operator engages in fraudulent behavior in providing goods or services, it shall increase compensation for the losses suffered by the consumer according to the requirements of the consumer. The amount of increased compensation shall be three times the price of the consumer for purchasing the goods or the fee for receiving the service; the amount of increased compensation shall be If the amount is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, such provisions shall prevail.
If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victim has the right to require operators toCompensation for losses shall be made in accordance with Article 49, Article 51 and other legal provisions of this Law, and the party shall have the right to demand punitive compensation of not more than twice the loss suffered.
Article 56 If an operator has one of the following circumstances, in addition to bearing corresponding civil liability, other relevant laws and regulations have provisions on the punishment authorities and punishment methods. If it is stipulated, it shall be implemented in accordance with the provisions of laws and regulations; if the laws and regulations do not stipulate it, the industrial and commercial administrative department or other relevant administrative departments shall order it to make corrections, and may, depending on the circumstances, issue a warning, confiscate the illegal income, or impose a fine of 1 times but not more than 10 times, and 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.
Article 57 If an operator violates the provisions of this law by providing counterfeit goods, infringes upon the legitimate rights and interests of consumers, and constitutes a crime, he shall be held criminally responsible in accordance with the law.
(4) "Criminal Law of the People's Republic of China"
Article 140 Production Any operator or seller who adulterates or adulterates a product, passes off a fake product as genuine, passes off a substandard product as a good product, or passes off a substandard product as a qualified product, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or Criminal detention, and concurrently or solely a fine of not less than 50% but not more than twice the sales amount; if the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined % of the sales amount. A fine of not less than 50% but not more than twice the amount of sales; if the sales amount is not less than 500,000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50% but not more than twice the amount of sales; if the sales amount is not less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years. If the amount exceeds RMB 15,000, the person shall be sentenced to 15 years’ imprisonment or life imprisonment, and shall also be fined not less than 50% but not more than twice the amount of sales, or have property confiscated.
Article 149 The production and sale of the products listed in Articles 141 to 148 of this section shall not constitute Any crime stipulated in this article, but if the sales amount is more than 50,000 yuan, shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Producing and selling the products listed in Articles 141 to 148 of this section constitutes a crime stipulated in each of those articles, and at the same time If it also constitutes a crime stipulated in Article 140 of this Section, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 150 If a unit commits the crimes specified in Articles 140 to 148 of this Section, the unit shall be fined , and the persons directly in charge and other directly responsible persons shall be punished in accordance with the provisions of the respective articles.
Based on the above introduction, those who sell products under counterfeit brands will be subject to administrative penalties in minor cases, and may constitute a crime in serious cases. I believe that after reading the above introduction, you will have legal knowledge about the penalties for counterfeit brands. To a certain extent, if you still have legal questions in this area, please consult the lawyers on the Legal Savior Network, and they will provide you with professional answers.
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