Current location - Trademark Inquiry Complete Network - Trademark registration - Is it illegal to sell fake shoes in Putian?
Is it illegal to sell fake shoes in Putian?
Selling Putian shoes is definitely illegal, and you may be sentenced to 15 years in prison or life imprisonment! In fact, don't worry too much, because touching the criminal law is conditional. First, the fake is filled with the real, and secondly, the sales amount is more than 5W, and he is sentenced to two years in prison; 20W to 50W, sentenced to 2 to 7 years in prison; More than 50W but less than 200W, more than 7 years; Above 200W, 15 years or indefinitely.

If the amount involved does not reach 5W, it also constitutes a tort law, and if it is discovered by the procuratorate, it will also be punished.

Putian shoe store knows that it is a crime to sell high imitation shoes, and its purchase of Putian shoes will infringe on the exclusive right to use trademarks of other rights holders. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement. In handling trademark disputes, the people's court shall, except in special circumstances, order the destruction of goods with counterfeit registered trademarks at the request of the obligee; Materials and tools mainly used for manufacturing goods with counterfeit registered trademarks shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials and tools from entering the commercial channels free of charge. Goods with counterfeit registered trademarks shall not enter commercial channels after only the counterfeit registered trademarks are removed.

legal ground

Criminal law of the people's Republic of China

Article 214 Crime of selling goods with counterfeit registered trademarks: Whoever knowingly sells goods with 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 shall also, or shall only, be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.