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How to sentence for OEM and counterfeiting

If you make counterfeit fashion brands, you will be fined, and in more serious cases, you will be sentenced. The sentencing standards are as follows:

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 solely be fined; if the sales amount is huge, he shall be sentenced to A term of imprisonment of not less than three years but not more than seven years, and a fine.

Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan shall fall into the category of "relatively large amount" stipulated in Article 214 of the Criminal Law and shall be deemed as selling goods with counterfeit registered trademarks. The offender 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 more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks. Imprisonment and a fine.

The penalty standard for the crime of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks is set as the illegal business amount (sales amount) is more than 50,000 yuan, and the illegal manufacturing and selling of illegally manufactured registered trademarks will be punished. The penalty standard for the crime is set as the illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan. Criminal liability can be pursued.

In addition, other serious circumstances have been added to the crime of counterfeiting registered trademarks. Those who counterfeit two or more registered trademarks and whose illegal business amount is more than 30,000 yuan or whose illegal income is more than 20,000 yuan are also subject to criminal liability.

Legal basis:

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

Article 214

Knowing sales If the amount of illegal gains is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and ten years in prison. to fixed-term imprisonment of not more than 10 years and to a fine.

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 55

Operators engage in fraudulent behavior in providing goods or services , the compensation for the losses suffered by the consumer shall be increased according to the requirements of the consumer, and the amount of the increased compensation shall be three times the price of the consumer's purchase of goods or the cost of receiving services; if the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, such provisions shall prevail.

If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to request the operator to comply with Article 49 of this Law. Article 51 and other laws stipulate compensation for losses, and the party has the right to demand punitive compensation of less than twice the loss suffered.