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Imprisonment or criminal detention, with or without a fine; 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.
2. Judicial Interpretation (2004): Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, falls into the category of "large amount" as 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.
In the third paragraph of Article 67 of the Trademark Law, if a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the infringed for the losses.
Notice of the Supreme People's Court on Further Strengthening Judicial Protection of Intellectual Property Rights (1994.9.29 Fafa Fafa (1994))
When trying intellectual property cases, the people's courts shall strictly apply the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Technology Contract Law of People's Republic of China (PRC), the Copyright Law of People's Republic of China (PRC), the Anti-Unfair Competition Law of People's Republic of China (PRC) and other relevant laws and regulations that China has acceded to or concluded. In civil tort cases, in addition to ordering the infringer to bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for losses, the infringer can also be given necessary sanctions such as confiscation of illegal income, fine or detention according to the specific circumstances of the case.