Legal analysis: 1. Counterfeit products are not legal terms. Counterfeit products legally include "three noes" products, unqualified products and trademark infringement products. 2. For the sale of "three noes" products and unqualified products stipulated in the Product Quality Law, penalties shall be imposed in accordance with the provisions of the Product Quality Law; 3. The sale of trademark infringing products shall be punished in accordance with the provisions of the Trademark Law and the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests. 4. If selling fake and shoddy products constitutes a crime, criminal responsibility shall be investigated according to the provisions of the Criminal Law.
Legal basis: Product Quality Law of the People's Republic of China
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, and the illegally produced and sold products shall be confiscated, and the illegally produced and sold products (including sold and unsold products, the same below) shall also be imposed with an equivalent value of not less than three times. If there is illegal income, the illegal income shall be confiscated; 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 5 Whoever adulterates or counterfeits a product, passes off a fake product as a genuine one, or passes off a substandard product as a qualified product, shall be ordered to stop production and sale, the products illegally produced and sold shall be confiscated, and a fine of not less than 5% but not more than three times the value of the illegally produced and sold products shall be imposed; If there is illegal income, the illegal income shall be confiscated; 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 anyone who forges or falsely uses another person's factory name and address, or forges or falsely 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; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked.