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The consequences of using someone else’s brand for production

Legal analysis: Impersonating other people’s brands may be suspected of criminal offenses. The relevant provisions are as follows:

Article 213 of my country’s “Criminal Law of the People’s Republic of China” stipulates, Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than seven years and a fine.

Whether counterfeiting a registered trademark constitutes a criminal offense, the determination of the amount of illegal business operations and the amount of illegal income is crucial.

The illegal business amount exceeds 250,000 yuan or the illegal income amount exceeds 150,000 yuan; the counterfeiting of more than two registered trademarks, and the illegal business amount exceeds 150,000 yuan or the illegal income amount exceeds One hundred thousand yuan is a "serious circumstance" stipulated in Article 213 of the Criminal Law.

Illegal business turnover refers to the business amount obtained by counterfeiting registered trademarks, including sales amount and inventory amount of unsold goods.

The amount of illegal income refers to the profit obtained by the perpetrator after deducting costs.

It can be seen that when an infringer is detained, the focus should be on the amount of illegal business and illegal income to see whether there is a possibility of non-criminalization.

Legal basis: Article 215 of the Criminal Law of the People's Republic of China and the People's Republic of China: Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, if the circumstances are serious, The offender shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.