What are the penalties for selling goods with counterfeit registered trademarks?

What are the penalties for selling goods with counterfeit registered trademarks? Readers may not have very clear knowledge about this aspect, so the editor of Legal Savior Network will answer it for you.

How to punish the crime of selling goods with counterfeit registered trademarks

According to the provisions of Article 214 of the "Criminal Law": Sales Whoever knowingly sells goods with counterfeit registered trademarks for a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and shall also be fined. .

For this crime, the "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" also clarifies this crime explanation of. How do you understand "relatively large amount" and "huge amount"? According to Article 2 of the Interpretation: Selling goods that are knowingly counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, falls under Article 211 of the Criminal Law. If the "amount is relatively large" as stipulated in Article 14, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be fined or shall be fined alone. If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks. gold. Regarding "sales amount" and "knowingly", according to the provisions of Article 9 of the Interpretation: Article 214 of the "Criminal Law" stipulates that "sales amount" refers to all income and dues from the sale of goods with counterfeit registered trademarks. Illegal income. Anyone who has any of the following circumstances shall be deemed to be "knowingly" as stipulated in Article 214 of the Criminal Law: (1) Knowing that the registered trademark on the goods he sells has been altered, exchanged or covered; (2) Having been subject to administrative penalties or bearing civil liability for selling goods with counterfeit registered trademarks, and selling the same goods with counterfeit registered trademarks; (3) Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered; ( 4) Other situations where the person knows or should know that the goods are counterfeit registered trademarks.

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