Legal subjectivity:

(1) What are counterfeit and shoddy goods? "Fake and shoddy goods" refer to those products that contain one or more untrue factors that can lead to misunderstanding by the general public. commodity. Counterfeit goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: it has unrealistic factors and social harm. 1. Counterfeit goods: When manufacturing goods, they realistically imitate the appearance of other people's products, or copy and sell products protected by intellectual property rights without authorization, thereby passing off as other people's products. In the current market, the main manifestations are counterfeiting and counterfeiting other people's trademarks and logos; counterfeiting other people's unique names, packaging, decoration, factory names and addresses; counterfeiting products with high-quality product quality certification marks and production license marks. 2. Counterfeit goods: refers to goods produced and distributed that violate the provisions of my country's current laws and administrative regulations, and whose quality and performance indicators do not meet the requirements stipulated in my country's published national standards, industry standards and local standards, or even It is a product produced without a standard. Differences and connections between counterfeit goods and shoddy goods Counterfeit goods and shoddy goods are both different and related to each other. They are the same type of goods that can be transformed into each other or include each other. Counterfeit goods, as mentioned above, are products that imitate the appearance of a product so realistically that it causes users and consumers to mistakenly believe that the product is genuine. Producers and sellers of counterfeit goods reproduce and sell goods protected by intellectual property rights without authorization, permission (or recognition). Copying generally refers to the copying of trademarks, packaging, labels or other important features of goods. The so-called counterfeiting refers to the behavior of actors who violate national laws and regulations and use the false name of famous brands or celebrities to produce and sell their products (commodities), thereby harming users and consumers. Therefore, in a broad sense, the content of counterfeit goods does not match the name, and it is also a type of counterfeit goods. But from a narrow perspective, counterfeit goods mainly refer to poor quality or loss of use value, which is also different from counterfeit goods. If the place of origin, factory name or certification mark, famous quality mark, or registered trademark of others are counterfeited as mentioned above, it is a counterfeit product and not a shoddy product. Counterfeit goods are sometimes sold as other brand-name goods, in which case they are both counterfeit and counterfeit goods. There is a strict distinction between counterfeit and inferior goods and genuine goods. Genuine products refer to products that meet quality standards and can sometimes be divided into first-class products, second-class products, third-class products, etc. On the contrary, products that do not meet quality standards, have obvious appearance defects or defective products that affect their use value, and scrap products that do not meet technical standards and cannot be used normally, etc., are considered shoddy goods if sold. Counterfeit and shoddy goods are not "commodities". Although some of them have use value, they cannot be counted as commodities because they cannot be traded normally like ordinary goods, or they do not contain socially necessary labor. Even if they contain a small amount of labor, that is not a commodity. Socially necessary labor in the general sense is labor expended for unequal transactions in order to obtain illegitimate benefits. It may even be a kind of labor that causes harm, so it cannot be recognized by society (even if the transaction occurs, it is because of the purchase If the person does not know the truth, consumers will not buy fake products) and they are worthless. Of course, something without value is not a commodity. What we are talking about here is fake and shoddy products, excluding defective products. Counterfeit products Counterfeit products refer to the use of untrue factory names, factory addresses, trademarks, product names, product logos, etc., thereby causing customers and consumers to mistakenly believe that the product is a counterfeit product. Counterfeit products refer to products that are of poor quality or have lost their usability.

Counterfeit and shoddy products mainly include the following situations: (1) Forging or using quality marks and license marks such as certification marks, famous brand product marks, inspection exemption marks, etc.; (2) Forging or using false origins; (3) Forging or impersonating other people’s factory names and addresses; (4) Counterfeiting other people’s registered trademarks; (5) Adultering, adulterating, passing off fakes as genuine, or passing off inferior ones; (6) Invalidity or deterioration; (7) ) There are unreasonable risks endangering human health and personal and property safety; (8) The indicated indicators are inconsistent with the actual situation; (9) Production and sales are expressly prohibited by relevant national laws and regulations. The General Administration of Quality Supervision, Inspection and Quarantine also stipulates that those who distribute the following products without correction after being pointed out will be deemed to be distributing counterfeit goods: (1) There is no inspection certificate or no sales permission certificate from the relevant unit; (2) Domestic products are not marked with Chinese characters Name, producer and place of origin (important industrial products do not indicate the factory address); (3) Use for a limited time without indicating the expiry date; (4) Implementing production (manufacturing) license management without indicating the license number and validity period; ( 5) Specifications, grades, main technical indicators or components, contents, etc. are marked in Chinese in accordance with relevant regulations but are not marked; (6) High-end durable consumer goods without Chinese instructions for use (7) Disposed goods (including defective goods and substandard goods) ) without marking the word "processed product" on a prominent part of the product or package (8) highly toxic, flammable, explosive and other dangerous goods without marking relevant labels and instructions for use. (2) Characteristics of counterfeit and shoddy products 1. Counterfeits and shoddy products go hand in hand. In the eyes of the Chinese people, counterfeit products are shoddy products. In fact, this situation does not exist in all countries. In some developed countries, general production technology is relatively popular, and equipment and technology are easily available. Therefore, the quality gap between counterfeit products and genuine products is not very large. The profits of counterfeiters mainly come from the misappropriation of trademarks and goodwill of genuine products. In most developing countries, due to the low overall production technology level, counterfeiters use inferior products to pass off as genuine products in order to obtain higher profits. There are often many cases of consumer harm caused by counterfeit products. Looking back at the history of counterfeiting in our country, we can find that most of the counterfeit and shoddy products investigated in the late 1980s and early 1990s were of extremely low quality or even completely fake. In recent years, with the improvement of social production technology, the quality of counterfeit products has also improved, and there have even been a large number of counterfeit products that are of equal quality to genuine products. This is actually the changing effect of production technology development on counterfeit products. Despite this, most of the current counterfeit products are shoddy products produced by small, workshop-style factories with low technical levels, and this situation will continue for quite some time. Counterfeit and shoddy goods can often be identified by their trademarks. The trademarks of counterfeit and shoddy goods are generally different from the genuine ones, so we can usually tell by comparing the trademarks. And counterfeit goods are mainly for profit, so the quality and workmanship are often very different from genuine goods. The law is objective:

Article 214 of the "Criminal Law of the People's Republic of China" 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 concurrently or solely with a fine; 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. Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of one of the following circumstances shall be prosecuted: (1) The sales amount is more than 50,000 yuan; (2) The goods have not yet been sold and the value of the goods is more than 150,000 yuan; (3) The sales amount is less than 50,000 yuan, but the total value of the sales amount and the unsold goods is more than 150,000 yuan. The Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 70 Anyone who knowingly sells goods that are counterfeit registered trademarks and is suspected of one of the following circumstances shall be filed for prosecution: (1) ) The sales amount is more than 50,000 yuan; (2) The sales amount is not yet sold, but the value of the goods is more than 150,000 yuan; (3) The sales amount is less than 50,000 yuan, but the total value of the sales amount and the unsold value is within More than 150,000 yuan.

Article 89 of the "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" issued by the Supreme People's Procuratorate and the Ministry of Public Security: For preliminary offenders, attempted offenders, and suspended offenders who need to be held criminally responsible, the case should be opened for prosecution. The Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 90 The standards for filing and prosecution in these regulations, unless otherwise provided in laws, judicial interpretations, or these regulations, Applies to the corresponding unit crime.