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What are the penalties for selling counterfeit brand goods?

The industrial and commercial administration department may order an immediate cessation of infringement, confiscate and destroy infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and may impose fines. If the circumstances are serious, criminal liability may also be pursued in accordance with the law. .

1. The definition and harm of counterfeit brand products

Counterfeit brand products refer to products that are fake and genuine without authorization from the brand owner. Such goods are often of poor quality and pose safety hazards, posing a threat to consumers' health and property safety. At the same time, counterfeit brand products also disrupt the market order and damage the fair competition environment.

2. Punishment Measures and Intensity

Chinese laws have adopted severe punishment measures for selling counterfeit brand goods. According to the relevant provisions of the Trademark Law of the People's Republic of China, for infringement of the exclusive right to register a trademark, the industrial and commercial administration department may order an immediate cessation of the infringement, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods, counterfeit goods Tools for registering trademark logos and may impose fines. If the circumstances are serious, criminal liability may also be pursued in accordance with the law.

In addition, according to the provisions of the "Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China", operators shall not engage in confusing behavior to cause people to mistakenly think that the goods are other people's goods or have a specific connection with others. For such behavior, the supervision and inspection department may order the cessation of illegal activities, confiscate illegal gains, and may impose fines depending on the circumstances.

3. Strengthen supervision and publicity

In order to effectively combat counterfeit brand goods, in addition to legal penalties, it is also necessary to strengthen supervision and publicity. Government departments should increase law enforcement efforts, strengthen inspections and random inspections of the market, and promptly discover and investigate illegal activities. At the same time, education on consumer rights protection should also be strengthened to improve consumers’ identification capabilities and awareness of rights protection.

In summary:

Selling counterfeit brand goods is a serious illegal act, and our country’s laws have clear penalties for this. In order to maintain market order and consumer rights and interests, we should strengthen the crackdown on this type of behavior, strengthen supervision and publicity, and improve the legal awareness and rights protection awareness of the whole society.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 57 stipulates:

Yes Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

"The Law of the People's Republic of China on Anti-Unfair Competition"

Article 6 stipulates:

Operators are not allowed to engage in the following confusing behaviors to cause people to mistake the goods for others or to have a specific connection with others:

(1) Without authorization, use product names that have a certain influence on others, Identical or similar logos such as packaging and decoration;

(2) Unauthorized use of other people’s company names (including abbreviations, font sizes, etc.), social organization names (including abbreviations, etc.) and names that have certain influence;

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(3) Unauthorized use of the main part of other people’s domain names, website names, web pages, etc. that have certain influence;

(4) Other things that can lead people to mistakenly think that they are other people’s products or have a specific connection with others. confusing behavior.