Legal subjectivity:
1. Which products are fake and shoddy? (1) Using the same or similar trademark as the registered trademark on the same or similar goods without the permission of the owner of the registered trademark; (2) Forging or impersonating other people’s product certification marks, famous and quality marks, approval numbers, and origins , enterprise name, trade name, address or code mark; (3) Adulteration, adulteration, passing off fake as genuine, substandard products, or substandard products as qualified products; (4) Failure to comply with relevant regulations on protecting human health and personal safety. National standards or industry standards for safety or property safety, or there is an unreasonable risk endangering human health, personal safety or property safety; (5) It has exceeded the period of use, has become invalid or has deteriorated; (6) It has been explicitly eliminated by the state; (7) ) The technical indicators indicated are inconsistent with the actual situation and do not have due use value; (8) Improper use may easily endanger human health, personal or property safety, and no Chinese warning instructions or warning signs are provided; (9) Laws and regulations stipulate Goods that must have a license or product registration certificate before they can be produced are produced without a license or have been obtained but have expired; (10) The product or its packaging is not marked with the product name, company name, and address in Chinese in accordance with laws and regulations. , There is no quality inspection certificate, no product registration certificate, production license number, product approval number, and the product specifications, grades, names, contents, production dates, safe use dates or validity periods of the main ingredients are not marked as required. ; (11) Other counterfeit and shoddy goods that are clearly specified in national laws and regulations. 2. What are the dangers of counterfeit and shoddy goods? (1) Seriously damage the reputation of my country's famous and high-quality products, infringe on the legitimate rights and interests of enterprises, and endanger the survival and development of enterprises; (2) Harm farmers and seriously affect agricultural production; fake and inferior pesticides, fertilizers, seeds, feeds, and agricultural machinery accessories are A prominent problem affecting agricultural production. For example, in 1994, the Rucheng County Agriculture, Forestry and Animal Husbandry Provenance Company in Henan Province illegally sold fake hybrid rice seeds, which resulted in a reduction of 80,000 acres of rice production in 6 counties in Zhejiang, Anhui, and Hunan provinces, of which 40,000 acres of rice production failed, and more than 30,000 farmers were short of food. Stop cooking. Counterfeiting has made the already fragile agricultural production in some areas worse, seriously damaging agricultural production and affecting the stability of farmers' lives. (3) The majority of consumers have suffered multiple physical, economic, and mental injuries; (4) The credibility of export commodities has been damaged. The law is objective:
Article 140 of the Criminal Law: Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products as qualified products. Anyone with a sales amount of more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 200,000 yuan but less than 50% If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and a fine of not less than 50% but not more than twice the sales amount; In addition, a fine of not less than 50% but not more than twice the sales amount shall be imposed; if the sales amount exceeds 2 million yuan, the person shall be sentenced to 15 years in prison or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount, or confiscation. property.