first, the definition and harm of high imitation products
high imitation products refer to the imitation of the appearance, logo and other characteristics of brand products in order to achieve similar or similar effects with the genuine products, but there are often obvious gaps in quality and performance. The existence of such products not only infringes the intellectual property rights and trademark rights of the brand, but also damages the legitimate rights and interests of consumers, and at the same time disrupts the market order and has a negative impact on economic development.
II. Determinants of filing amount standard
How much money can be filed for selling high imitation products mainly depends on the following factors:
Relevant laws and regulations: China's Criminal Law, Trademark Law, Anti-Unfair Competition Law and other laws and regulations have clear provisions on infringement of intellectual property rights and trademark rights, but they do not clearly stipulate the specific filing amount standard.
judicial interpretation: the Supreme People's Court and other judicial organs will issue relevant judicial interpretations according to the actual situation, and make specific provisions on the filing standards for infringement of intellectual property rights and trademark rights. These judicial interpretations usually take into account the nature, circumstances and social impact of the case.
local regulations: according to the actual situation, some local regulations may be issued to specify the standard of the amount of cases for infringement of intellectual property rights and trademark rights. These regulations may vary from region to region.
third, the standard of filing amount in actual operation
in actual operation, the standard of filing amount for selling high imitation products is not static, but is judged according to the specific case. Generally speaking, if the amount involved is large, the circumstances are serious and the social impact is bad, then the relevant departments will often take measures to file an investigation.
at the same time, it should be noted that even if the amount involved does not meet the filing standards, if there are many illegal acts or other serious circumstances involved, the relevant departments can still investigate and deal with them according to law.
To sum up:
Selling high imitation products is suspected of violating the law, but the specific standard of filing amount is not uniform, but determined according to laws and regulations, judicial interpretation and local regulations. In practice, the relevant departments will decide whether to file an investigation according to the specific case. Therefore, we should be vigilant against selling high imitation products, abide by laws and regulations, and safeguard the market order and the legitimate rights and interests of consumers.
Legal basis:
Article 213 of the Criminal Law of the People's Republic of China
stipulates:
Whoever uses the same trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, 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 circumstances are especially serious, 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.
Article 57 of the Trademark Law of the People's Republic of China
stipulates:
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant;
(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;