The penalty standard for counterfeit brands is

Counterfeit brands suspected of producing and selling fake and inferior products will be convicted and sentenced according to the specific amount of counterfeit sales. Anyone who counterfeits a brand and has 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 twice the sales amount.

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. Those who sell "three noes" products and substandard products stipulated in the "Product Quality Law" will be punished in accordance with the provisions of the "Product Quality Law";

3. Selling trademark infringing products will be punished in accordance with the provisions of the Trademark Law and the Consumer Rights Protection Law 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.

Counterfeit brands are suspected of producing and selling fake and inferior products, and will be convicted and sentenced according to the specific amount of counterfeit sales. Anyone who counterfeits a brand and has 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 twice the sales amount.

The constituent elements of the crime of producing and selling counterfeit and inferior products are: 1. The subject of the crime is an individual or an entity, represented by two types of people: the producer and the seller of the product. The producer is the manufacturer of the product, and the seller is the seller of the product in bulk or in scattered quantities;

2. The subjective aspect is intentional and generally has the purpose of illegal profit-making. The perpetrator's intention is to intentionally manufacture counterfeit products in the production field. There are two situations in the sales field:

(1) Intentional adulteration or adulteration in the products sold;

(2) Knowingly selling fake and inferior products;

3. The object of infringement is the state’s management system for ordinary product quality. Including national product quality, industrial and commercial administration management systems and the legitimate rights and interests of consumers;

4. Objectively, producers and sellers violate national product quality management laws and regulations, produce and sell shoddy goods product behavior.

What are the constituent elements of the crime of counterfeiting trademarks

The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual counterfeits the registered trademark of others, and the circumstances meet the criminal standards. This crime.

The object of infringement of this crime is the legal exclusive rights of others to register trademarks and the national trademark management order;

The subjective aspect of this crime is intentional and for the purpose of profit. Negligence does not constitute this crime.

The objective aspect of this crime is that the perpetrator committed trademark counterfeiting prohibited by the criminal law, and the circumstances were serious.

The "Law of the People's Republic of China and the Quality of Domestic Products" states that those who produce or sell products that do not comply with national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sales. Products illegally produced and sold shall be confiscated, 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; any illegal gains shall be confiscated Illegal gains; if the circumstances are serious, the business license will be revoked; if a crime is constituted, criminal liability will be pursued in accordance with the law.

Legal basis:

"Law of the People's Republic of China and Domestic Product Quality"

Article 49 Production and sales are not in compliance with the requirements of protecting human health and Products that comply with national standards or industry standards for personal and property safety shall be ordered to stop production and sales, illegally produced and sold products shall be confiscated, and illegally produced and sold products shall be punished (including sold and unsold products, the same below) A fine of not less than three times the value of the goods 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 50: Those who adulterate or counterfeit products, pass off fake products as genuine products, pass off substandard products as good products, or pass off unqualified products as qualified products shall be ordered to stop production and sales, and illegal production and sales shall be confiscated. products, and shall be fined not less than 50% but not more than three times the value of the products illegally produced or sold; if there are any illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. responsibility.

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 products illegally produced and sold shall be confiscated, and shall be fined for illegal production , a fine equal to the value of the products sold; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked.