Selling counterfeit goods is an illegal and criminal act. The specific punishment depends on the circumstances of the act. It does not constitute a crime and administrative penalties can be imposed. If a perpetrator sells counterfeit products, or sells products that do not meet the national standards, or sells products that do not meet the prescribed standards confiscated by relevant departments, the perpetrator should be fined. The standard of the fine is the amount of money the perpetrator sells. Unqualified products, including products that the perpetrator has not yet sold, will be punished according to the penalty standard of not more than three times the value of the above-mentioned unqualified products. The illegal income obtained by the perpetrator from selling substandard products will also be confiscated. If the perpetrator's suspected circumstances are serious, the perpetrator's business license will also be revoked. When the perpetrator's illegal behavior has reached the standard of crime, the perpetrator must be held criminally responsible after trial by the court.

Article 140 of the Criminal Law of the People's Republic of China and the People's Republic of China: Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products. Anyone who passes off a qualified product with 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 sales amount shall be 200,000 yuan. If the sales amount is more than 500,000 yuan but less 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 two times of the sales amount; if the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to seven years in prison. If the sales amount exceeds 2 million yuan, the person shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount. fines or confiscation of property.

Article 50 of the "Law of the People's Republic of China and Domestic Product Quality": adulterating or adulterating products, passing off fake products as genuine, passing off substandard products as good ones, or passing off unqualified products as qualified products , order to stop production and sales, confiscate the illegally produced and sold products, and impose a fine of not less than 50% but not more than three times the value of the illegally produced or sold products; if there are any illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious If it constitutes a crime, the business license will be revoked; if it constitutes a crime, criminal responsibility will be investigated in accordance with the law.

Which department should I complain about selling fake goods?

You can call 12315 to complain about selling fake goods, or you can choose to write a letter and deliver it to the mailbox of the Industrial and Commercial Bureau. Finally, you can go directly to the industrial and commercial department. report. Counterfeit goods refer to those goods that contain one or more unauthentic factors that can lead to misunderstanding by the general public. Counterfeit goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. It is characterized by unreality and social harm.

Legal basis:

Article 214 of the "Criminal Law of the People's Republic of China" If there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and concurrently fined.

Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, and if a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.