With the development of my country's economy and society, infringements have gradually increased in recent years. In order to increase profits, some businesses sell fake goods imitating famous brands to customers through online platforms such as WeChat and Taobao. As victims, we naturally feel uncomfortable. We often suffer losses because of low product prices and cumbersome rights protection procedures. So what will be the punishment for merchants who are caught selling fake goods?

Lawyer’s answer:

Sales of counterfeit goods will result in a minor fine and confiscation of illegal gains. If the circumstances are serious, the business license will be revoked; if a crime is constituted, criminal liability will be pursued in accordance with the law.

According to the relevant provisions of the "Criminal Law", the crime of selling goods with counterfeit registered trademarks has strict sentencing standards and filing procedures. The sales amount is more than 50,000 yuan; if the goods have not been sold, the value of the goods is more than 15 If the sales amount is less than 50,000 yuan, but the total value of the sales amount and the unsold goods is more than 150,000 yuan, the police will file a case for prosecution. The price appraisal of counterfeit goods sold by sellers also has legal basis and procedures. Although the merchants themselves admit that they are selling fake goods, the valuation is based on the genuine goods on the market.

According to the law, anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to A term of imprisonment of not less than three years but not more than seven years, and a fine. According to the judicial interpretation, if you knowingly sell goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan, it is a "large amount"; if the sales amount is more than 250,000 yuan, it is a "huge amount".

Legal article link:

"Criminal Law"

Article 214: Selling goods that are knowingly counterfeiting registered trademarks, and the sales amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 220 If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined and the person in charge directly responsible shall be fined. and other directly responsible persons shall be punished in accordance with the provisions of each article in this section.

"Interpretations 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"

Article 2: Selling goods that are knowingly counterfeit registered trademarks shall If the amount exceeds 50,000 yuan, it falls into the category of "relatively large amounts" as stipulated in Article 214 of the Criminal Law. The person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also or solely be fined for the crime of selling goods with counterfeit registered trademarks.

If the sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks. Imprisonment and a fine.

"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)"

Article 70 [Case of Selling Counterfeit Registered Trademarks of Goods (Criminal Law) Article 214)] Anyone who knowingly sells goods that are counterfeit registered trademarks and is suspected of one of the following circumstances shall be prosecuted:

(1) The sales amount is more than 50,000 yuan;< /p>

(2) The sales amount has not yet been sold, and the value of the goods is more than 150,000 yuan;

(3) The sales amount is less than 50,000 yuan, but the sales amount is less than the unsold value The total amount is more than 150,000 yuan.