First, which department is in charge of selling fake goods?
Generally, selling fake goods is an administrative case, which belongs to the Administration for Industry and Commerce and the Quality Supervision Bureau. If the amount of counterfeit goods sold is particularly huge, several criminal cases are under the control of the Public Security Bureau.
Acceptance principle
When accepting consumer complaints, consumer associations shall follow the principle of giving priority to regional jurisdiction and giving priority to hierarchical jurisdiction:
(1) Complaints against consumers shall be handled by the county-level consumer association or its subordinate branch where the defendant is located; Where the defendant's location is inconsistent with his habitual residence, it shall be handled by the county-level consumer association or its subordinate branch in his habitual residence.
(2) If the case involves two or more county-level jurisdictions, it shall be handled by a consumer association with the same name at the next higher level (municipal or provincial level).
(three) the case involves two listed consumer associations, which shall be handled by the Provincial Consumers Association; The provincial consumer association may entrust any consumer association within its jurisdiction to handle the complaints that have been accepted.
(4) Letters and online complaint cases received by provincial consumers' associations can be directly transferred to local consumers' associations, and major and difficult complaint cases can be directly accepted.
(5) If a foreign consumer complains about a domestic business operator, it shall be handled by the consumer association at the county level where the respondent is located; Disputes arising from consumers' consumption in Shanghai, Jiangsu, Hong Kong and Macao in the province may be complained to the consumers' association where the consumers are located.
Second, online shopping encounters fakes, where is it more convenient to sue?
According to the provisions of the Civil Procedure Law, a lawsuit arising from a contract dispute shall be under the jurisdiction of the court of the defendant's domicile or the place where the contract is performed. At the same time, the Supreme Court also clearly stipulates that if the parties to a sales contract agree on the place of delivery in the contract, the agreed place of delivery is the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined according to the mode of delivery; Where delivery is adopted, the place of delivery is the place where the contract is performed. In other words, consumers can let offenders be punished without leaving home.
3. What is the crime of selling goods with counterfeit registered trademarks?
The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are known to be counterfeit registered trademarks, and the sales amount is more than 50 thousand yuan.
1, the subject of this crime is the general subject, that is, it can be any unit or individual;
2. The object of infringement is the legal right of others' exclusive right to use registered trademarks and the national trademark management order;
3. Subjectively, it must be intentional, that is, knowing that the goods are counterfeit registered trademarks. If the perpetrator does not know, it does not constitute this crime;
Objectively speaking, you must have the behavior of distributing counterfeit registered trademark goods, and the distribution amount is relatively large. Distribution includes wholesale, retail and consignment. Determining whether a criminal suspect knows when selling goods with counterfeit registered trademarks should be based on the objective facts of the case. As long as he can prove that he knows or should know that he is selling counterfeit goods, he can be regarded as knowing.
The above is a detailed introduction about which department is responsible for selling fake goods for you. To sum up, I remind you that if the parties encounter such problems, the best solution is to seek the solution of the relevant departments, because the relevant state departments have specific regulations on such problems.