The specific infringement is the Trademark Law, and the amount of compensation for infringement of the exclusive right to use a trademark is determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement.
Penalty process for selling high imitation clothes:
1, seal up, confiscate all fakes, and destroy them all centrally;
2. Confiscate the illegal income from selling fake goods;
3, impose a fine of more than fifty percent and less than three times the value of the counterfeit goods sold.
The prosecution process of buying fake goods:
1, prepare for civil litigation;
2, to the people's court with jurisdiction, and submit relevant evidence;
3. Attend and participate in litigation activities on time according to the notice of the people's court;
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.
To sum up, engaging in industrial and commercial activities for the purpose of illegal profits, violating the national product quality management regulations, producing and selling fake and shoddy goods, seriously damaging the interests of users and consumers, and endangering the socialist market economic order, will be punished by criminal law.
Legal basis:
Article 140 of the Criminal Code of People's Republic of China (PRC).
Producers and sellers of the crime of producing and selling fake and inferior products who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times 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 also be fined not less than 50% but not more than two times the sales amount; 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 more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 2 18
Whoever knowingly sells infringing copies for profit, and the amount of illegal gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.