At present, the legal basis cited by relevant law enforcement departments to punish counterfeiters and sellers mainly includes:

(1) Anti-unfair Competition Law

Article 21 of the Anti-Unfair Competition Law of People's Republic of China (PRC) stipulates: "An operator who counterfeits another person's registered trademark, uses the name of another person's enterprise without authorization, forges or fraudulently uses quality marks such as certification marks and brand-name marks, forges the place of origin, and makes misleading false representations about the quality of goods shall be punished in accordance with the provisions of the Trademark Law of People's Republic of China (PRC) and the Product Quality Law of People's Republic of China (PRC)." Where an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses a name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks that it is the well-known commodity, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income according to the circumstances; The fine amount is between 1 10,000 yuan and 200,000 yuan. If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law. "

(2) product quality law

Article 38 of the Product Quality Law of People's Republic of China (PRC) stipulates: "Producers and sellers who adulterate their products, pass fake products off as genuine ones, and pass substandard products off as qualified products, shall be ordered to stop production and sales, their illegal income shall be confiscated, and their business licenses may be revoked; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

(3) Trademark Law

Article 59 of the Trademark Law of People's Republic of China (PRC) stipulates: "If a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party. Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party. If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed. "

(4) criminal law

Article 140 of the Criminal Law of People's Republic of China (PRC) stipulates: "Producers and sellers who adulterate their products with fake products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined at least 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment, and shall also be fined more than 50% and less than 2 times the sales amount, or his property shall be confiscated. "