Sales of counterfeit trademarked goods may constitute criminal liability if the amount involved exceeds 50,000 yuan. Specific legal liability and criminal characterization need to be judged and handled in accordance with relevant laws and regulations.

1. Definition of selling counterfeit trademark goods

The sale of counterfeit trademark goods refers to the sale of goods by merchants or individuals that infringe the exclusive rights of others’ registered trademarks, that is, without the permission of the trademark registrant, Using the same trademark as its registered trademark on the same product, or using similar trademarks to cause confusion.

2. Criminal liability for selling counterfeit trademarked goods

According to the provisions of Article 214 of the Criminal Law of the People’s Republic of China, knowingly selling counterfeit registered trademarks If the sales amount of commodities is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined. Among them, the specific standard of "larger sales amount", according to Article 2 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement", refers to the sales amount exceeding 50,000 yuan. of.

3. Identification and Punishment of Criminal Liability

The determination of criminal liability for selling counterfeit trademarked goods needs to consider multiple factors, including sales amount, sales method, sales quantity, sales targets, etc. In judicial practice, the court will combine the specific case circumstances and comprehensively consider various factors to sentence the persons involved.

In addition to criminal penalties, penalties for selling counterfeit trademarked goods may also include civil compensation, administrative penalties, etc. Civil compensation mainly compensates for losses caused to right holders due to infringement, while administrative penalties may include fines, confiscation of illegal gains, etc.

In summary: If the amount involved in selling counterfeit trademarked goods exceeds 50,000 yuan, it may constitute criminal liability. When engaging in commercial activities, merchants and individuals should abide by relevant laws and regulations, respect the intellectual property rights of others, and avoid selling counterfeit trademarked goods to avoid unnecessary legal liability.

Legal basis:

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

Article 214 provides:

“Whoever 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 and not more than seven years, and shall also be fined. "Issuing a fine"

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"

Article 2 stipulates:

"Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan falls within the category of 'relatively large amount' stipulated in Article 214 of the Criminal Law and shall be sentenced to three years for the crime of selling goods with counterfeit registered trademarks. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.”