In real life, some people will counterfeit other people’s brands in order to obtain commercial benefits. So what are the legal provisions on the penalties for counterfeit brands? What are the legal provisions on the penalties for counterfeit brands? Below, I have compiled some legal knowledge about the penalties for counterfeit brands for your reference.

What are the legal provisions on penalties for counterfeit brands? 1. Counterfeit products are not a legal term. Counterfeit products legally include "three noes" products, substandard products and trademark infringement products. 2. For sales of "three noes" products and substandard products stipulated in the "Product Quality Law", penalties shall be imposed in accordance with the provisions of the "Product Quality Law"; 3. For sales of trademark infringing products, penalties shall be imposed in accordance with the "Trademark Law" and "People's Republic of China" ***Penalty will be imposed in accordance with the provisions of the Consumer Rights and Interests Protection Act of the People's Republic of China. 4. If the sale of counterfeit and shoddy products constitutes a crime, criminal liability will be pursued in accordance with the provisions of the Criminal Law. 5. Legal basis: (1) "Product Quality Law" Article 49 Whoever produces or sells products that do not meet national standards or industry standards for protecting human health and personal and property safety shall be ordered to stop production and sales, and illegal production shall be confiscated , products for sale, and a fine of not less than three times the value of the illegally produced and sold products (including sold and unsold products, the same below) shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated; If the circumstances are serious, the business license will be revoked; if a crime is constituted, criminal responsibility will be pursued in accordance with the law. Article 50 Whoever adulterates or counterfeits products, passes off fake products as genuine products, passes off substandard products as good products, or passes off unqualified products as qualified products shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and shall be fined for illegal production, A fine of not less than 50% but not more than three times of the value of the products sold shall be imposed; 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, criminal liability shall be pursued in accordance with the law. Article 53 Anyone who forges or impersonates another person’s factory name or address, or who forges or impersonates certification marks or other quality marks, shall be ordered to make corrections, the illegally produced and sold products shall be confiscated, and the value of the illegally produced and sold products shall be fined, etc. A fine of not more than the value shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked. (2) Article 60 of the Trademark Law: If a dispute arises due to one of the acts that infringes upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, interested parties may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. (3) Article 55 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" If an operator engages in fraudulent behavior in providing goods or services, it shall increase compensation for the losses suffered by consumers according to their requirements and increase the amount of compensation. It is three times the price of goods purchased by consumers or the cost of receiving services; if the amount of additional compensation is less than 500 yuan, it is 500 yuan. If the law provides otherwise, such provisions shall prevail. If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to require the operator to comply with Articles 49 and 51 of this Law. Other laws provide for compensation for losses, and the right to demand punitive damages of less than twice the loss suffered.

Article 56 If an operator has one of the following circumstances, in addition to bearing corresponding civil liability, if other relevant laws and regulations have provisions on the punishment authorities and punishment methods, the provisions of the laws and regulations shall be followed; if there are no provisions in the laws and regulations If any, the administrative department for industry and commerce or other relevant administrative departments shall order corrections and may, depending on the circumstances, impose a warning alone or in combination, confiscate the illegal gains, and impose a fine of not less than 1 time but not more than 10 times the illegal gains. If there are no illegal gains, a fine of 500,000 yuan shall be imposed. The following fines shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification and the business license shall be revoked. Article 57 If an operator violates the provisions of this Law by providing counterfeit goods, infringes upon the legitimate rights and interests of consumers, and constitutes a crime, he shall be held criminally responsible in accordance with the law. (4) Article 140 of the Criminal Law of the People's Republic of China and the People's Republic of China: Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products as qualified products. Anyone 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 or solely be fined not less than 50% but not more than two times of the sales amount; if the sales amount is more than 200,000 yuan but less than 50% 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 not less than two years and not more than seven years, and a fine of not less than 50% but not more than twice the sales amount; A fine of not less than 50% but not more than twice the sales amount shall be imposed; if the sales amount exceeds 2 million yuan, the person shall be sentenced to 15 years in prison or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount or confiscation. property. Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute a crime stipulated in the respective articles, but if the sales amount exceeds 50,000 yuan, Convicted and punished in accordance with the provisions of Article 140 of this Section. If the production or sale of the products listed in Articles 141 to 148 of this section constitutes a crime stipulated in each of the respective articles, and at the same time constitutes a crime stipulated in Article 140 of this section, he shall be punished in accordance with More serious provisions lead to conviction and punishment. Article 150 If a unit commits the crimes stipulated in Articles 140 to 148 of this section, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be fined according to the respective regulations. The penalties specified in this article. Based on the above introduction, selling products under counterfeit brands will be subject to administrative penalties in mild cases, and may constitute a crime in serious cases. I believe that after reading the above introduction, everyone has a certain legal understanding of the penalties for counterfeit brands. If you still have legal questions in this regard, please consult a lawyer and they will provide you with professional answers.