The lawyer's answer:
Those who sell fake goods will be fined, while those who sell fake goods will be confiscated. If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
According to the relevant provisions of the Criminal Law, the crime of selling goods with counterfeit registered trademarks has strict sentencing standards and filing procedures, in which the sales amount is more than 50,000 yuan; Not yet sold, the value of the goods exceeds 6.5438+0.5 million; If the sales amount is less than 50,000 yuan, but the total value of the sold amount and unsold goods exceeds 6.5438+0.5 million, the police shall file a case for prosecution. There are also legal basis and procedures for the price appraisal of fake sellers. Although the merchants themselves admit that they are selling fakes, the valuation is based on the real goods on the market.
According to the law, anyone who knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to the judicial interpretation, the sale of goods that are known to be counterfeit registered trademarks is "a large amount" if the sales amount is more than 50,000 yuan, and "a huge amount" if the sales amount is more than 250,000 yuan.
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criminal law
Article 214 Whoever sells goods that are knowingly 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 shall only, be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights.
Article 2 Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" as stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, 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. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
Provisions 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 (II)
Article 70 [Case of Selling Goods with Counterfeit Registered Trademarks (Article 214 of the Criminal Law)] Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of any of the following circumstances shall file a case for prosecution:
(a) the sales amount is more than fifty thousand yuan;
(two) has not been sold, the value of more than one hundred and fifty thousand yuan;
(3) The sales amount is less than 50,000 yuan, but the sum of the sold amount and the unsold amount is more than 150,000 yuan.