1. Fake products are not legal terms. Counterfeit products legally include "three noes" products, unqualified products and trademark infringement products.
2. Those who sell the "three noes" products and unqualified products stipulated in the Product Quality Law shall be punished in accordance with the provisions of the Product Quality Law;
3. Whoever sells trademark infringing products shall be punished in accordance with the provisions of the Trademark Law and the Consumer Protection Law of People's Republic of China (PRC).
4. If selling fake and shoddy products constitutes a crime, criminal responsibility shall be investigated 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 the national standards and industrial standards for protecting human health and personal and property safety shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine of less than three times the value of the illegally produced and sold products (including sold and unsold products, the same below) 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.
Article 50 Whoever adulterates or adulterates a product, passing off the fake as the real product, or passing off the unqualified product as the qualified product, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of not less than 50% but not more than three times the value of the illegally produced and sold products 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.
Article 53 Whoever forges, alters or fraudulently uses another person's factory name and address, or forges or fraudulently uses quality marks such as certification marks, shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of less than the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.
(2) Trademark Law
Article 60 If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.
If there is any dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce for mediation, or bring a suit in a people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). After mediation by the administrative department for industry and commerce, if both parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
(3) Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.
Fifty-sixth operators in any of the following circumstances, in addition to bear the corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income, and impose a fine of more than 1 times the illegal income 10 times the illegal income. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license.
Article 57 If an operator violates the provisions of this Law by providing fake and shoddy goods and infringing on the legitimate rights and interests of consumers, and the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
(4) Criminal Law of People's Republic of China (PRC)
Article 140 Any producer or seller who adulterates or adulterates products, passes off fake products as genuine products, and passes off unqualified products as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or shall only be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less 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 the sales amount; 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 more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute the crimes specified in these articles, but those whose sales amount is more than 50,000 yuan shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Whoever produces or sells the products listed in Articles 141 to 148 of this section not only constitutes a crime as stipulated in each article, but also constitutes a crime as stipulated in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 150 A unit commits the crime of Article 140 of this section.