If a user publishes 30 illegal products, his or her permission to publish products will be restricted for 7 days and the store will be given a one-month warning. If a user publishes 60 illegal products, his or her permission to publish products will be restricted for one month, and the store will be given a warning for three months. When the user publishes 120 illegal products, all products will be removed from the shelves, the ability to publish products will be restricted for 3 months, and the store will be given a warning for 6 months. If users release products in violation of regulations and the circumstances are serious, the store will be blocked directly. This rule uses 3 months as a counting period (using natural month counting). At the end of each quarter, the system will clear the number of all illegal products and re-accumulate them.
1. Penalties for counterfeiting registered trademarks:
(1) The illegal business amount is more than 250,000 yuan or the illegal income amount is more than 150,000 yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan;
(3) Other particularly serious circumstances .
Identical trademarks refer to trademarks that are exactly the same as the counterfeited registered trademark, or are basically visually indistinguishable from the counterfeited registered trademark and are sufficient to mislead the public.
"Use" means using a registered trademark or a counterfeit registered trademark on goods, product packaging or containers, product instructions, and commodity transaction documents, or using a registered trademark or a counterfeit registered trademark for advertising , exhibitions and other commercial activities.
If a person commits the crime of counterfeiting a registered trademark and then sells goods with the counterfeited registered trademark, which constitutes a crime, he shall be convicted and punished for the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law.
Whoever commits the crime of counterfeiting a registered trademark and knowingly sells goods with counterfeit registered trademarks of others, which constitutes a crime, shall be punished for several crimes.
2. Differences from the crime of producing and selling counterfeit and inferior goods
The previous crime violated the national trademark management system and committed serious acts of counterfeiting trademarks;
The latter crime violates the country's management system for commodity quality and commits acts of adulterating products with fakes, passing fakes as genuine, passing off substandard products as good ones, or passing off unqualified products as qualified products.
Whoever uses counterfeit registered trademarks to produce and sell counterfeit goods, and the sales amount is extremely large or causes serious consequences, is guilty of not only the crime of producing and selling counterfeit goods, but also the crime of counterfeiting trademarks. In this case, the principle of absorbing misdemeanors from felonies should be followed, and the crime of producing and selling counterfeit and inferior goods with heavier penalties should be convicted and sentenced.
Legal basis:
"Rules and Implementation Rules for Determination and Punishment of Brand Inconsistency" Article 3 is published on the product category page (number of violations for the same product in the same spam situation) )first. Products removed from shelves. No points will be deducted. Second time. Delete product. Brand inconsistency is serious. Publish a large number of illegal products or information. Remove all products from the store, limit product release, limit the number of products released, and limit the number of released categories. The same seller has multiple violations in brand inconsistencies. Delete products, remove all products from the store, limit the release of products, limit the number of products released, and limit the number of released categories. Deliberately avoid, such as loading and unloading shelves at staggered peaks, etc. Delete products, remove all products from the store, limit the release of products, limit the number of products released, and limit the number of released categories. Brand inconsistency is particularly serious. Those that have a negative impact on consumers or the platform, such as generating a large number of rights protections, causing public relations incidents, etc. Measures such as deleting products, delisting/deleting all products in the store, blocking the store, extending the transaction account period, restricting the release of products, limiting the number of released products, limiting the number of released categories, and store supervision. Violation occurs again after severe brand inconsistency has been dealt with. Measures such as deleting products, delisting/deleting all products in the store, blocking the store, extending the transaction account period, restricting the release of products, limiting the number of released products, limiting the number of released categories, and store supervision. Products suspected of brand inconsistency. Depending on the severity of the situation, individual product searches may be blocked, or individual product search rights may be reduced until the product is restored on the third day after the rectification is completed, without deducting points.
Article 140 of the "Criminal Law of the People's Republic of China"
Producers and sellers adulterate or adulterate products, pass off fake products as genuine, and use substandard products Anyone who passes off a substandard product as a qualified product and the sales amount is 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 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall be fined not less than 50% but not more than two times of the sales amount; if the sales amount is more than 500,000 yuan but less than 200 yuan If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment and shall also be fined not less than 50% but not more than twice the sales amount. A fine of not less than 50% but not more than twice that amount may be imposed, or property may be confiscated.