After the goods selling counterfeit registered trademarks are discovered and punished by the relevant administrative law enforcement organs, if the sales amount reaches more than 50,000 yuan, the administrative law enforcement organs shall transfer them to the investigation organs, which shall file a criminal case and take compulsory measures against the suspects.
Article 7 of the Administrative Punishment Law
If a citizen, legal person or other organization is subject to administrative punishment for violating the law and its illegal behavior causes damage to others, it shall bear civil liability according to law.
If an illegal act constitutes a crime, criminal responsibility shall be investigated according to law, and administrative punishment shall not replace criminal punishment.
Article 2 14 of the Criminal Law of People's Republic of China (PRC) commits the crime of selling goods with counterfeit registered trademarks.
Whoever knowingly sells goods with 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 shall only, 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.
Article 2 of the 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 Infringement of Intellectual Property Rights.
Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he 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 sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.