According to the Criminal Code of People's Republic of China (PRC)
Article 214 Whoever sells goods that are knowingly 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 shall only, be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
According to the Supreme People's Procuratorate and the Ministry of Public Security's Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II) (May 7, 2065 438+00)
Article 70 [Case of Selling Goods with Counterfeit Registered Trademarks (Article 214 of the Criminal Law)] Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of any of the following circumstances shall file a case for prosecution:
(a) the sales amount is more than fifty thousand yuan;
(two) has not been sold, the value of more than one hundred and fifty thousand yuan;
(3) The sales amount is less than 50,000 yuan, but the sum of the sold amount and the unsold amount is more than 150,000 yuan.
Article 89 If criminal responsibility needs to be investigated for a preparatory crime, an attempted crime or a discontinued crime, a case shall be filed for prosecution.
According to the Interpretation 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 Infringement of Intellectual Property Rights (II)
Article 4 For the crime of infringing intellectual property rights, the people's court shall comprehensively consider the illegal income, illegal business amount, losses caused to the obligee, social harm and other circumstances of the crime, and impose a fine according to law. The amount of fines is generally more than one time and less than five times the illegal income, or more than 50% and less than one time the illegal business amount.
Extended data:
There are three differences between the crime of selling counterfeit registered trademark goods and the crime of selling counterfeit and shoddy products:
1. From the object point of view, the object of the crime of infringing the exclusive right of the trademark owner and the crime of the legitimate rights and interests of consumers is the object of the crime of selling goods with counterfeit registered trademarks. Among them, infringement of trademark exclusive right is the main aspect. The object of the crime of selling fake and shoddy products is the national product quality supervision and management system and the legitimate rights and interests of consumers, among which infringing on the legitimate rights and interests of consumers is the main aspect.
2. From the objective requirements, the crime of selling goods with counterfeit registered trademarks is objectively manifested as the act of selling goods with counterfeit registered trademarks, and the amount of sales or illegal income is relatively large. The objective behavior of the crime of selling fake and shoddy products is that the actor adulterates the products, confuses the fake with the real, turns the defective products into qualified products or the unqualified products into qualified products, and the sales amount is more than 50 thousand yuan.
3. From the nature of products and commodities, the object of the crime of selling fake and shoddy products is unqualified fake and shoddy products. The object of the crime of selling goods with counterfeit registered trademarks is goods with counterfeit registered trademarks of others, which can be fake and shoddy products or qualified products.
Baidu Encyclopedia-Crime of selling goods with counterfeit registered trademarks