What should I do if I am prosecuted for selling counterfeit wine?

What should I do if I am prosecuted for selling counterfeit wine? Everyone still likes drinking, but the existence rate of counterfeit wine around us is still very high. Because counterfeit wine can cause serious impact and harm to our health, let’s take a look at what to do if you are sued for selling counterfeit wine. What to do if you are sued for selling counterfeit wine 1

The penalty imposed by the industrial and commercial department is an administrative penalty, while the winery’s prosecution in court is a civil act, and the two have no influence on each other. After the act of selling counterfeit wine is administratively punished by the industrial and commercial department, the infringed manufacturer can prosecute the counterfeit seller in accordance with the relevant provisions of the Trademark Law. Article 60 of the Trademark Law stipulates that if a dispute arises from any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or Interested parties may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.

What to do if you buy fake wine

If you suspect that the wine you purchased is fake, you can call the wine manufacturer and let the manufacturer identify the authenticity.

If the wine is fake, consumers should try their best to keep relevant evidence, such as the wine purchased at the time, etc., and then report it to the industrial and commercial department, which can come to investigate and deal with it.

Things you should pay attention to when purchasing alcohol:

(1) When purchasing alcohol products, consumers can ask the operator for the "Liquor Circulation Accompanying Sheet". The content should include the sales unit (name, address, registration number, contact information), name of the purchasing unit, sales date, sold goods (product name, specifications, origin, production batch number or production date, quantity, unit), etc., and Stamped with the operator's seal.

(2) When purchasing tobacco and alcohol, try to go to large supermarkets. When purchasing in small and medium-sized supermarkets and non-staple food stores, the key point is to ask the merchant to write the serial number of the tobacco and alcohol on the invoice, and then stamp the merchant stamp on the invoice. Authentic and valid official seal.

Complaint Methods

When consumers have quality problems with the goods they purchase or are dissatisfied with the services they receive, if they fail to negotiate a settlement with the store, they can file a complaint with the consumer If you want to complain to the association, you can also complain directly to the Consumers Association without consultation.

Complaints are first of all a matter of time. The effective time for complaints or appeals to consumer associations and administrative agencies has been specifically stipulated by laws and regulations, that is, within 2 years after the dispute occurs. However, after consumers have a dispute with a store, they should promptly file a complaint with the consumer association and do not delay it for too long, because evidence may be lost over time.

In addition, some products that are not suitable for storage will be difficult to identify quality problems after a long time. Especially for products subject to the "Three Guarantees", once the "Three Guarantees" period expires, it will become more difficult to resolve disputes. Therefore, once a consumer dispute occurs, consumers should promptly complain to the consumer association.

Complaints to consumer associations can be made in written or oral form. When consumers are busy with work and study and have no time to go to the Consumer Association to lodge a complaint, they can submit a written complaint and have it delivered by mail. First, write down the shopping time, store, and store address. It would be better if you could include your zip code and phone number. At the same time, state the name, brand, model, manufacturer, production date or expiration date of the product.

Then detail the time and process of the quality problem or the specific manifestations of unsatisfactory service, then explain the reasons for believing that there are quality problems or service problems, and put forward specific requirements and explain whether there are "three guarantees". Finally, write your name, address, zip code, contact number, etc. The most important thing is to attach the shopping invoice (copy) and other vouchers with the letter. If the product has special circumstances, it should also be stated, such as seasonal price reduction, clearance processing, processed products, substandard products, trial sales products, etc. For reference by Consumers Association colleagues who handle complaints.

Complaints about quality problems of some products involve letting the Consumer Association witness the quality problems of the product with their own eyes. Therefore, consumers must go to the location of the Consumer Association to complain. Bring invoices and other vouchers, physical objects, etc. when making a complaint.

Then verbally describe the causes and consequences of the dispute, which can be roughly followed the procedures for written complaints. Questions asked by comrades received by the Consumer Council must be answered realistically. Whether it is a written complaint or an oral complaint, it must be objective, true, and comprehensive. Finally, the consumer fills out a complaint form. What to do if you are prosecuted for selling counterfeit wine 2

1. How to be punished for selling counterfeit wine

Those who are investigated for selling counterfeit wine shall be punished according to the circumstances of selling counterfeit wine, which constitutes Those who commit crimes will be held criminally responsible. If the crime does not constitute a crime, they will be ordered to stop selling, confiscate the counterfeit wine, be fined, and have their business license revoked.

Article 140 of the "Criminal Law of the People's Republic of China" Crime of Producing and Selling Counterfeit and Substandard Products

Producers and sellers adulterate or adulterate products, Whoever passes off a fake product as a genuine product, a substandard product as a good product, or a substandard product as a qualified product, and the sales amount is 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 5% of the sales amount. A fine of not less than 10% but not more than twice the amount; if the sales amount is not less than 200,000 yuan but not more 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 twice the sales amount; if the sales amount is not less than 50% If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment. , and shall be subject to a fine of not less than 50% but not more than twice the sales amount, or the property shall be confiscated.

Article 50 of the "Law of the People's Republic of China and Domestic Product Quality"

Doping or adulterating products, passing off fake products as genuine products, passing off substandard products as good products, or passing off products as good ones. Those who pass off substandard products as qualified products shall be ordered to stop production and sales, illegally produced and sold products shall be confiscated, and a fine of not less than 50% but not more than three times the value of the illegally produced or sold products shall be imposed; if there are any illegal gains, 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.

2. What to do if you buy fake cigarettes and wine

When citizens report that they buy fake and shoddy goods, there are certain procedures for industrial and commercial personnel to deal with them. . For example, when consumers report tobacco, alcohol, and cigarettes, they need to report them to the local Tobacco Monopoly Bureau. If they are identified as fake cigarettes, the tobacco department will have relevant law enforcement teams to handle the matter. If you suspect that the wine you purchased is fake, you can call the wine manufacturer to have the wine authenticated. If it is counterfeit wine, consumers should try their best to keep relevant evidence, such as the wine they purchased at the time, etc., and then report it to the industrial and commercial department, which can come to investigate and deal with it.

(1) Buying fake cigarettes

“12313” is the Tobacco Bureau’s reporting hotline. Consumers who buy fake cigarettes can call to complain. If Tobacco Bureau staff cannot arrive at the scene in time during holidays, and there is no dispute between consumers and retailers about who sells the cigarettes, they can first seal the cigarettes in envelopes or other items, and the consumers and retailers will sign on the seal. , and send it to the Tobacco Quality Inspection Station for identification after work.

(2) Buying counterfeit wine

When consumers purchase alcoholic goods, they can ask the operator for the "Liquor Circulation Accompanying List", which should include the sales information. The goods unit (name, address, registration number, contact information), purchase unit name, sales date, sales goods (product name, specifications, origin, production batch number or production date, quantity, unit), etc., and stamped with the operator seal.

If consumers encounter counterfeit and shoddy alcohol products during consumption, they can call the business complaint hotline 12312 to lodge a complaint, and business law enforcement officers will assist consumers in safeguarding their rights. What to do if you are prosecuted for selling counterfeit wine 3

1. What are the penalties for selling counterfeit wine? How much can a case be filed?

More than 50,000 yuan.

If the situation of selling counterfeit wine is serious, it will constitute the crime of selling goods with counterfeit registered trademarks. According to the criminal law, anyone who 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 solely be fined.

If the sales amount is more than 50,000 yuan, it falls into the "larger amount" category under this provision. Therefore, selling counterfeit wine for more than 50,000 yuan can constitute a crime, and the public security agency should file a case.

2. How to punish individuals who sell counterfeit wine for less than RMB 50,000

The crime of producing and selling counterfeit goods refers to the violation of national product quality management in the course of industrial and commercial activities for the purpose of illegal profit-making. According to laws and regulations, the production and sale of counterfeit and inferior goods seriously damages the interests of users and consumers, endangers the socialist market economic order, and is a criminal act that should be punished by criminal law.

If an individual sells counterfeit wine for less than RMB 50,000, it is a crime of selling counterfeit and shoddy goods. The Industry and Commerce Bureau can order the sale to stop, confiscate the illegally sold products, and impose a fine of not less than 50% but not more than three times the value of the product. If there are any illegal gains, the illegal gains will be confiscated and the business license will be revoked in serious cases.

3. How to report the sale of counterfeit wine

If someone sells counterfeit wine, you can report it to the Market Supervision and Administration Bureau;

Reporting means Citizens or units exercise their democratic rights in accordance with the law and report or accuse disciplinary, illegal or criminal acts to judicial organs or other relevant state agencies and organizations.