The act of producing fake international famous brand Nike clothes violates both the crime of producing fake and inferior products and the crime of counterfeiting registered trademarks. According to Article 14 of the Criminal Law of the People's Republic of China, the maximum sentence for the crime of producing fake and inferior products is life imprisonment, and the maximum sentence for the crime of counterfeiting registered trademarks is 7 years.

the crime of producing and selling fake and inferior products refers to the behavior that producers and sellers adulterate products, pass off fake products as genuine ones, pass off inferior products as good ones or pass off unqualified products as qualified products, and the sales amount reaches more than 5, yuan. The criminal act of the crime of producing and selling fake and inferior products is the act of producing and selling.

according to article 16 of the regulations of the Ministry of public security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs, producers and sellers should file a case for prosecution if they adulterate their products, pass off fake products as genuine ones, pass off substandard products as good ones or pass off unqualified products as qualified products under any of the following circumstances:

(1) The sales amount of fake and inferior products is more than 5, yuan;

(2) the fake and inferior products have not been sold, and the value of the products is more than 15, yuan;

(3) The sales amount of fake and inferior products is less than 5, yuan, but after multiplying the sales amount by three times, the total value of fake and inferior products that have not been sold is more than 15, yuan.

it should be noted here that if it is difficult to determine the value of the goods, an appraisal agency shall be entrusted to make the determination in accordance with the Administrative Measures for the Appraisal of Seizured, Recovered and Confiscated Articles.

the crime of counterfeiting a registered trademark refers to a serious act of using the same trademark on the same commodity without the permission of the registered trademark owner in violation of the national trademark management regulations.

constitutive requirements:

1) The criminal subject of this crime is the general subject and unit, that is, any enterprise, institution or individual imitates another person's registered trademark, which constitutes this crime if the circumstances reach the crime standard.

2) The object of this crime is the legitimate exclusive right of registered trademarks of others and the national trademark management order;

3) The subjective aspect of the crime is intentional, and the purpose is to make profits. Negligence does not constitute this crime.

4) The objective aspect of this crime is that the perpetrator has committed trademark counterfeiting prohibited by the Criminal Law, and the circumstances are serious.