Are production staff guilty of selling counterfeit products of other people’s brands?

If you are an employee of a company and you don’t know that the company is committing a crime, you will generally not bear legal responsibility. If the company counterfeits and sells the other party’s brand products, is it a crime? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Are production personnel guilty of selling counterfeit brands of others

"Criminal Law" Article Article 213 limits the objective behavior of the crime of counterfeiting Registered trademarks to the scope of "using a trademark identical to the registered trademark on the same product without the permission of the owner of the registered trademark." Therefore, when determining the crime of counterfeiting a registered trademark, it is very important to determine whether the trademark used by the perpetrator is "identical" to someone else's registered trademark. It involves the basic qualitative issue of whether the perpetrator can be found guilty of counterfeiting a registered trademark.

Use the same trademark as another person’s unregistered trademark on the same kind of goods, or use the same trademark as another person’s registered trademark on different types of goods, or Obtaining the permission of the registered trademark owner in accordance with the law and using the same trademark as the registered trademark on the same product will not constitute this crime.

The criminal subject of this crime is a general subject, that is, any enterprise, institution or individual who counterfeits someone else's registered trademark, and the circumstances meet the criminal standards, constitutes this crime.

Therefore, the perpetrators to be held accountable are the illegal enterprises and the main persons in charge of the enterprises.

As for the responsibilities of employees, if they did not know that the company was counterfeiting registered trademarks before the investigation and punishment, they will not be held responsible; if they knew that the company was counterfeiting the registered trademark before the investigation and punishment, they were informed and failed to report it. Failure to report when informed means that citizens know the true circumstances of an incident and have an obligation to report it to the relevant authorities but fail to do so. Failure to report information is an illegal act and one should bear corresponding legal responsibility.

The above content is the relevant answer. Regarding counterfeiting of other people's brands, this situation certainly needs to be looked at. At most, the company must be responsible for it, or it must be part of the company's participation. Personnel will bear the responsibility. Participants refer to people who know about such illegal crimes and still help. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.