Food safety is a topic that everyone is concerned about. If you buy fake and shoddy products, it may have a great impact on human health. When dealing with such situations, the industrial and commercial administration departments will also conduct Strict punishment, so how to punish a box of fake wine in industry and commerce? Let me introduce the relevant knowledge in detail. Food safety is a topic that everyone is concerned about. If you buy fake and shoddy products, it may have a great impact on human health. The industrial and commercial administration departments will also impose strict penalties when dealing with such situations. So the industrial and commercial authorities will How to punish boxes of fake wine? Let me introduce the relevant knowledge to you in detail.
1. How to punish a box of counterfeit wine by industry and commerce. For counterfeit wine, the industrial and commercial bureau can confiscate and fine it. In serious cases, it is determined to be a product that infringes the trademark rights of others. According to the "Trademark Law of the People's Republic of China" Punishment: Article 60: If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. 1. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. 2. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. 3. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. 4. If you sell goods that are not known to infringe the exclusive rights of registered trademarks, and you can prove that you legally obtained the goods and explain the supplier, you will be ordered to stop selling by the industrial and commercial administration department.
2. Does buying and selling goods with counterfeit registered trademarks constitute a crime? Violating trademark management regulations and selling goods that are knowingly counterfeit registered trademarks for a relatively large amount constitutes the crime of selling goods with counterfeit registered trademarks. 1. The subject of this crime is a general subject, that is, it can be any unit or individual. 2. The object of the infringement is the legal exclusive right to use registered trademarks of others and the national trademark management order. 3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime. 4. Objectively, there must be the behavior of distributing goods with counterfeit registered trademarks and the sales amount is relatively large. Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing.
3. How many years of imprisonment are likely to be imposed for selling counterfeit food? Article 140 of the Criminal Law stipulates: Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products or 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 also 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 2 million yuan, , 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, shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment and shall also be fined 5% of the sales amount. A fine of not less than ten times but not more than two times or property confiscation may be imposed.