It is illegal for micro-business to sell Putian shoes. Selling high imitation shoes is suspected of selling goods with counterfeit registered trademarks. The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods with counterfeit registered trademarks knowing that the sales amount is relatively large. Selling goods with counterfeit registered trademarks knowingly, and the amount of illegal income is relatively large, or there are other serious circumstances, will constitute the crime of selling goods with counterfeit registered trademarks.
Identification of this crime:
The perpetrator knowingly sells goods with counterfeit registered trademarks does not constitute the same crime as the perpetrator of counterfeiting registered trademarks. However, if the perpetrator conspires in advance with criminals who counterfeit registered trademarks, and then divides labor and cooperates, and some of them manufacture goods with counterfeit registered trademarks, and some sell goods with counterfeit registered trademarks, it constitutes the crime of counterfeiting registered trademarks** *It is the same crime, and the perpetrators should be punished for the crime of counterfeiting registered trademarks.
The crime of selling goods with counterfeit registered trademarks may also constitute the crime of selling counterfeit and shoddy products, because goods with counterfeit registered trademarks are usually shoddy products. Since the perpetrator only carried out one sales act, one act violates several crimes. The imaginary concurrence of the crime shall be punished as a felony.
If a criminal who counterfeits a registered trademark sells goods with a counterfeited registered trademark, he will only be guilty of the crime of counterfeiting a registered trademark and will not be guilty of this crime separately. However, the above conclusion is only for the same commodity. If the perpetrator counterfeits someone else's registered trademark on this product and sells another product with another person's counterfeit registered trademark, he will be guilty of several crimes and will be punished concurrently.
The difference between this crime and the crime of selling goods with counterfeit registered trademarks is mainly reflected in:
(1) The objects of the crime are different. The criminal object of the former crime was the registered trademark of the owner of the registered trademark, while the criminal object of the latter crime was the goods counterfeiting the registered trademark.
(2) The objective behavior is different. The conduct of the previous crime belongs to the conduct of commodity production. Objectively speaking, it is a serious behavior to use the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. The second crime is behavior in the sales process of goods. Objectively speaking, it is the behavior of selling goods that are knowingly counterfeiting registered trademarks and the sales amount is relatively large. If the perpetrator both counterfeits a registered trademark and sells goods with counterfeit registered trademarks, we believe that this situation is an absorption crime in criminal law theory. The act of counterfeiting is the principal act, and the act of selling is an act of accessory. According to the principle of absorbing the act of the principal and absorbing the act of accomplice, the perpetrator will be punished for the crime of counterfeiting a registered trademark.
Putian shoes do not refer to all shoes produced in Putian, Fujian, my country, but specifically refer to an illegal product: "A goods". Beginning in the 1980s, Putian undertook the transfer of Taiwan's shoemaking industry and began OEM production for many domestic and foreign brand shoes. As early as 2004, "Fujian Daily" wrote an article saying "6 pairs of Nike shoes and 1 pair made in Putian." In Putian dialect, counterfeit shoe sellers are called "Amao".
In the mid-1990s, some factories and workshops began to appear in Putian, dedicated to "copying" famous brand sports shoes, and obtaining brand sample shoes or design drawings by bribing employees of brand sports shoe factories. In the past 10 years, due to the booming development of e-commerce, these Putian high imitation shoes have also moved their business to online platforms such as Taobao and Tmall. The Putian Municipal Government mentioned in official documents that in 2014 alone, Taobao seized more than 120,000 Putian seller accounts, including 32,000 sellers who had repeatedly sold fake products. The price of the sports shoes produced ranges from a few hundred yuan to a thousand yuan, but the actual cost is only 50 to 80 yuan. As the world's shoe capital, Putian's shoemaking capabilities and standards are outstanding and it is the location of the foundries for world-renowned brands. At the same time, some unscrupulous manufacturers see the huge market and profits of well-known brands and produce various types of counterfeit shoes under the guise of high imitation and A-grade goods. The degree of high imitation and the meticulous workmanship are said to be difficult even for people in specialty stores to distinguish with the naked eye. Because of this, Putian shoes have become synonymous with counterfeiting to a certain extent, ruining the reputation of Putian Shoe Capital, disrupting the normal market order, and damaging the rights and interests of consumers.
Legal Basis
Article 214 of the Criminal Law of the People's Republic of China and the People's Republic of China: the crime of selling goods with counterfeit registered trademarks. It is illegal to sell goods that are knowingly counterfeit registered trademarks. If the amount of illegal income is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and concurrently or solely with a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined. .