Whether one is jailed will determine the legal consequences based on the specific circumstances and the amount and value of the sale.

Article 214 of my country's "Criminal Law" Anyone who knowingly sells goods that are 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 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.

The objective aspect of this crime is that the perpetrator illegally sells goods that he knows are counterfeit registered trademarks, and the sales amount is relatively large. Relevant judicial interpretations stipulate:

1. Anyone who knowingly sells goods that are counterfeit registered trademarks with a sales amount of more than 50,000 yuan shall fall into the category of "relatively large amount" stipulated in Article 214 of the Criminal Law and shall For the crime of selling goods with counterfeit registered trademarks, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

2. If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to not less than three years and seven years for the crime of selling goods with counterfeit registered trademarks. to fixed-term imprisonment of not more than 10 years and to a fine.

3. An infringement of less than 50,000 yuan is a civil infringement. In addition to ordering the infringer to bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses, the perpetrator can also be punished according to the specific circumstances of the case. Necessary sanctions such as confiscation of illegal gains, fines or detention shall be imposed.

Extended information

Counterfeit and shoddy product standards

The General Administration of Quality Supervision, Inspection and Quarantine stipulates that counterfeit and shoddy products mainly fall into the following situations:

(1) Forging or falsely using quality marks and license marks such as certification marks, brand-name product marks, inspection-free marks, etc.;

(2) Forging or using false origins;

(3) Forging or impersonating other people’s factory names and addresses;

(4) Counterfeiting other people’s registered trademarks;

(5) Adulterating or adulterating to pass off as Genuine or inferior quality;

(6) Failure or deterioration;

(7) There is an unreasonable risk endangering human health and personal and property safety

(8) The indicated indicators are inconsistent with the actual situation;

(9) Production and sales are expressly prohibited by relevant national laws and regulations.

The General Administration of Quality Supervision, Inspection and Quarantine also stipulates that those who distribute the following products without correction after being pointed out will be deemed to be distributing counterfeit and shoddy goods:

(1) No inspection certificate or permission from the relevant unit Sales certificate;

(2) Domestic products are not marked with the product name, producer and place of origin in Chinese (important industrial products are not marked with the factory address);

(3) For limited time use Failure to indicate the expiry date;

(4) Implementing production (manufacturing) license management without indicating the license number and validity period;

(5) Marking in Chinese in accordance with relevant regulations Specifications, grades, main technical indicators or ingredients, contents, etc. are not indicated;

(6) High-end durable consumer goods without Chinese instructions for use;

(7) Processed goods ( (including defective products, substandard products) without marking the word "processed product" on a prominent part of the product or packaging;

(8) Highly toxic, flammable, explosive and other dangerous goods without marking the relevant Identification and instructions for use.

Baidu Encyclopedia: Fake and shoddy products