It is illegal to sell counterfeit goods through live broadcasts. It is suspected of selling goods with counterfeit registered trademarks. Those who make a large amount of illegal income from selling fake goods will be sentenced to fixed-term imprisonment of not more than three years and fined. Selling fake goods is illegal. Those with huge amounts of income will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

What are the penalties for selling counterfeit well-known brands?

According to the provisions of relevant laws, selling fake brand-name clothing is an infringement of trademark rights. If it does not constitute a crime, it will be subject to administrative penalties. If it does constitute a crime, it will be investigated for criminal liability for the crime of selling goods with counterfeit registered trademarks.

"Trademark Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark, or using a trademark that is the same or similar to its registered trademark on similar goods, which may easily lead to confusion;

(3) Selling goods that infringe the exclusive rights of a registered trademark;

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(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and Putting the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

Article 60 If a dispute arises from any of the acts that infringe 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.

Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who 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 solely be fined. A fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

How to protect your rights after buying fake goods?

1. Keep valid evidence. If you find that the product you purchased is fake, the first step is to collect evidence. Use a camera to take photos of the product from all angles, as well as chat records with the merchant for future reference. Used when making a complaint.

2. Negotiate with the merchant. After collecting the evidence, you can notify the merchant. When communicating, be careful not to fall into the merchant’s chat trap and clearly explain that the goods sent to you are fake. And ask the merchant why the product is fake and why it does not match the previous description. Put the responsibility on the merchant side.

3. Ask the merchant to return the goods. If the merchant refunds the goods without any reason within 7 days, but does not offer three-for-one compensation for fake products or third-party quality inspection, then the merchant will be required to refund the goods and bear the shipping costs.

4. Require the merchant to compensate. If the merchant participates in the fake one-compensation three-for-one policy, the merchant will be required to not only refund the product, but also pay twice the actual price paid for the product, and bear the responsibility for the products involved. logistics costs. If the merchant participates in third-party quality inspection, the merchant is required to compensate twice the amount paid for the product and bear the logistics costs.

5. Complain to the website. If the above returns or compensation and the merchant cannot reach an agreement, you can complain to the merchant. You need to submit various evidence when making a complaint. The website service staff will make a ruling based on the evidence provided by both parties.

Legal basis:

Article 140 of the Criminal Law: Producing and selling counterfeit and shoddy products. Anyone who passes off a substandard product as a good one or passes off a substandard product as a qualified product, 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 concurrently, or solely to a fine of not less than 50% but not more than twice the sales amount. Fine; if the sales amount is more than 200,000 yuan but not more 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 of the sales amount; if the sales amount is more than 500,000 yuan but not more than 200 yuan If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount. If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 7 years or life imprisonment and shall also be fined not less than 50% of the sales amount but not more than twice the sales amount. A fine of not less than 50 but not more than twice the amount or confiscation of property shall be imposed.