First, how to punish the sale of counterfeit goods?
1. If the sale of fake and shoddy products infringes on consumers' rights and interests, they may apply for compensation according to the Law on the Protection of Consumers' Rights and Interests. If it is food, you can ask for ten times the purchase price.
2, the sale of fake and shoddy products, the industrial and commercial departments can impose administrative penalties on them, and destroy the products.
3. If the sales amount of fake and shoddy products is relatively large, criminal responsibility can be investigated for the crime of producing and selling fake and shoddy goods.
Two, the standard of selling fake goods is:
1, selling fake goods with a sales amount of more than 50,000 yuan;
2, not yet sold, the value of more than one hundred and fifty thousand yuan;
3. If the sales amount is less than 50,000 yuan, but the total amount of goods sold and unsold is more than150,000 yuan, a case can be filed.
Three, the sale of counterfeit goods is illegal, if the circumstances are serious and the amount is large, it will bear criminal responsibility.
1. Whoever knowingly sells goods with 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 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.
2. Whoever knowingly sells goods with counterfeit registered trademarks, with a sales amount of more than 50,000 yuan, is a "relatively large amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined.
3. If the sales amount is more than 250,000 yuan, it is a "huge amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
legal ground
People's Republic of China (PRC) product quality law
Article 49
Production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sale, and the illegally produced and sold products (including sold and unsold products, the same below) shall be confiscated, and a fine of less than three times the value of the goods shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.