Internet anchors who sell fake goods during live broadcasts may go to jail. Online anchors selling counterfeit goods are suspected of selling counterfeit goods with registered trademarks, and also violate consumers' right to know, which is illegal. If the amount of illegal income is relatively large, they will be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; the amount of illegal income is huge , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
1. How to punish those who buy and sell fake goods through live streaming?
1. To compensate consumers for their losses, the infringing products will be removed from the shelves;
2. In serious cases, the store will be closed and will never be allowed to enter.
If you receive fake goods in an online transaction, you can initiate a refund or after-sales rights protection for "fake goods received" and provide relevant certificates, and the platform will process it.
If you want a refund of one and four indemnity, you need to issue an appraisal certificate from the original manufacturer, a screenshot of the chat history of the merchant admitting that the product is fake, a brand owner appraisal report, and a counterfeit confiscation letter from the Industrial and Commercial Bureau to prove that the goods are fake. , the merchant will be required to refund one and compensate four. If the identification certificate cannot be issued and the platform determines that there is a problem with the product, it can require the merchant to return the product for a refund. The voucher needs to be stamped with the official seal and the date of issuance of the voucher.
"Law of the People's Republic of China and Domestic Product Quality"
Article 49 Production and sales do not comply with national standards and industry standards that protect human health and personal and property safety If a product is illegally produced or sold, it shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and the illegally produced and sold products (including sold and unsold products, the same below) shall be punished with a fine of not less than three times the value of the goods but not more than three times the value of the products. Fines; if there are illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 50: Anyone who adulterates or adulterates a product, passes off a fake product as genuine, a substandard product as a good product, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, and the illegal production and sales shall be confiscated. Products produced and sold illegally shall be fined not less than 50% but not more than three times the value of the products illegally produced and sold; if there are any illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, prosecution shall be carried out in accordance with the law. criminal responsibility.
2. How to compensate for buying fake goods?
According to the provisions of the "Consumer Rights Protection Law", consumers who purchase goods through an online trading platform and encounter counterfeit goods can claim compensation from the seller or the online trading platform, or require both to bear the responsibility. Joint and several liability. In practice, for the convenience of safeguarding their rights, consumers generally choose to sue online trading platforms.
It is worth noting that there are conditions for online sales platforms to be defendants. Consumers can sue online trading platforms under the following three circumstances:
Online trading platforms cannot provide sellers with Information;
Although it can provide information, the online trading platform has made more favorable promises to consumers;
Knowing or should have known that the seller was using the platform to infringe on the legitimate rights and interests of consumers, and did not If necessary measures are taken, consumers can require both parties to bear joint liability for compensation.
Legal basis:
Article 214 of the "Criminal Law", the crime of selling goods with counterfeit registered trademarks. Selling goods knowingly knowing that they are counterfeit registered trademarks, the amount of illegal income is relatively large or there are Those with other serious circumstances shall be sentenced to fixed-term imprisonment of not more 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, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.