What to do if purchasing agents sell fake goods

1. What to do if purchasing agents sell counterfeit goods

The solutions to purchasing counterfeit goods on behalf of agents are as follows:

1. Negotiate and resolve.

On the basis of equality and voluntariness, both parties reach a settlement agreement through friendly negotiation, mutual understanding and concession, and then resolve the dispute.

2. Mediation and resolution.

Under the auspices of relevant organizations (such as the People's Mediation Committee) or intermediaries, we can distinguish right from wrong, clarify responsibilities on the basis of equality, voluntariness, and legality, and promote the parties to independently reach an agreement by presenting facts and reasoning. agreement to resolve disputes.

3. Litigation settlement.

Resolved through litigation, which means that one party to the dispute files a lawsuit in the People's Court in accordance with the law, and the court hears it in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory execution of the People's Court. .

2. What are the penalties for selling counterfeit goods?

The penalties for selling counterfeit goods are as follows:

1. If the sales volume of counterfeit goods is 50,000-200,000 yuan, it constitutes Those who sell counterfeit and substandard products shall be sentenced to fixed-term imprisonment of not more than 2 years or criminal detention, and may also be fined 50% to 2 times the fine;

2. If the sales volume is 200,000-500,000 yuan, the sentence shall be 2-7 years in prison. If the amount exceeds 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 7 years and shall also be fined; if the amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined or his property shall be confiscated.

3. Elements of the crime of selling counterfeit goods

The elements of the crime of selling counterfeit goods include the following four aspects:

1. Object of infringement For others’ legal exclusive rights to registered trademarks and national trademark management order.

2. The subject is a general subject, that is, it can be any unit or individual.

3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing.

4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of sales is relatively large.