Those who sell counterfeit goods will be fined as little as possible and their illegal gains will be confiscated. If the circumstances are serious, their business licenses will be revoked; if a crime is constituted, criminal liability will be pursued in accordance with the law. Those who produce or sell products that do not comply with national standards or industry standards for protecting human health and 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 subject to a fine of not less than three times the value of the goods; 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.
Counterfeit products refer to those products that contain one or more unreal factors that can lead to misunderstanding by the general public. Counterfeit goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: unreality factors and social harm. Counterfeit goods: When manufacturing goods, they closely imitate the external features of other similar products, or copy and sell products that have been protected by intellectual property rights without authorization, so as to pass off other people's products. In the current market, the main manifestations are counterfeiting and counterfeiting other people's trademarks and logos; counterfeiting other people's unique names, packaging, decoration, factory names and addresses; counterfeiting products with high-quality product quality certification marks and production license marks. Counterfeit goods: refers to goods produced and distributed that violate my country's current laws and administrative regulations, and whose quality and performance indicators do not meet the requirements stipulated in my country's promulgated national standards, industry standards and local standards, or even fail to meet the requirements. products produced under the label. According to the definition of the General Administration of Quality Supervision, Inspection and Quarantine, counterfeit products refer to the use of untrue factory names, factory addresses, trademarks, product names, product logos, etc., so that customers and consumers mistakenly believe that the product is a genuine product. Counterfeit products refer to products that are of poor quality and have lost their usability. If a consumer files a lawsuit because of product quality or service quality problems, the statute of limitations is one year. If it is not a product quality issue, then the general statute of limitations for civil actions may apply, that is, the statute of limitations for filing a request to the People's Court for protection of civil rights is two years, unless otherwise provided by law.
What is the method for identifying counterfeit and shoddy products
1. Forging or using quality marks and license marks such as certification marks, famous brand product marks, inspection exemption marks, etc.
2. Forging or using a false origin
3. Forging or using someone else’s factory name or address
4. Counterfeiting someone else’s registered trademark
5. Adulteration, adulteration, passing off fake as genuine, passing off inferior quality
Legal basis:
"Product Quality Law"
Art. Article 49 Whoever produces or sells products that do not comply with national standards or industry standards that protect human health and personal and property safety shall be ordered to stop production and sales, the products illegally produced and sold will be confiscated, and those who illegally produce and sell products (including Sold and unsold products (the same below) shall be subject to a fine of not less than three times the value of the goods; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, the person shall be investigated in accordance with the law. criminal responsibility.