1. Can the power of attorney be forged?
(a) brand power of attorney can not be forged, which belongs to trademark infringement. The punishment of trademark infringement needs to be judged according to the seriousness of the case. Under normal circumstances, the industrial and commercial departments will give warnings, notifications, fines and other treatments. If the circumstances are particularly serious and involve crimes, they will be transferred to judicial organs for trial and sentencing.
(II) Legal basis: Article 53 of the Trademark Law of People's Republic of China (PRC), if the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined.
Second, does forging brand authorization constitute a crime?
(a) this depends on the specific situation. If you conclude a contract with others by virtue of false authorization and fail to fulfill the obligation of telling the truth, you are deliberately forging facts and concealing the objective truth.
(2) Secondly, it may constitute a criminal offence. According to Article 140 of China's Criminal Law, producers and sellers who adulterate products with fakes, pass off fake products as genuine ones, and pass off unqualified products as qualified products, with a sales amount of 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 be fined not less than 50% but not more than two times the sales amount; Whoever sells more than 200,000 yuan but less than 500,000 yuan 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.
Third, the consequences of forging a power of attorney.
(a) forged power of attorney must bear legal responsibility, forged power of attorney has no legal effect.
(2) A contract concluded in the name of the principal after the actor has no agency right, exceeds the agency right or the agency right is terminated, without ratification by the principal, it is invalid for the principal, and the actor shall bear the responsibility.
(3) If the actor has no power of agency, exceeds the power of agency or concludes a contract in the name of the principal after the termination of the power of agency, and the counterpart has reason to believe that the actor has power of agency, the agency act is valid.
(4) Brand power of attorney cannot be forged, which belongs to trademark infringement. The punishment of trademark infringement needs to be judged according to the seriousness of the case.
The above is about whether the power of attorney can be forged. Under normal circumstances, the industry and commerce department will give a warning, notify and impose a fine. If the circumstances are particularly serious and involve crimes, they will be transferred to judicial organs for trial and sentencing.