Liability for selling counterfeit goods

Liability for selling counterfeit goods


Before answering the question, what is the liability provided for the distribution (trade) of counterfeit products, it is necessary to answer the question, what the counterfeit products are?

The legislation defines the counterfeit products as any product that was manufactured in violation of intellectual property rights. The most common example is market clothing manufactured under the counter and bearing a logo (trademark) of a well-known sports brand.

The reasons for such violations are obvious – the fastest sale of the products in order to generate more profit.

It follows from the above, that counterfeiting is a merely legal term, since performance of such actions infringes the copyright of the lawful holder.

Liability for selling counterfeit products

For obvious reasons, the trade in counterfeit goods cannot continue for long: sooner or later, the authorized bodies will find a "fake", and the person in charge will be held criminally liable – no one has ever managed to escape liability.

Moreover, even distributors of such illegal products will be brought to property, administrative and criminal liability.

In the context of civil liability, the law violator will pay a compensation to the copyright holder in the amount of from 10 thousand to 5 million rubles - the exact amount is determined in court, and the counterfeit products will be destroyed after they are completely removed from circulation.

Administrative liability is incurred for illegal use (appropriation) of someone else's invention, illegal use of a trademark and related elements (logo, brand name, slogan) and circulation of pirated copies of the original product.

In this case, the amounts are a bit smaller – a fine of up to 10 thousand rubles or a compensation in the amount of twice a value of the products.

If the copyright holder has suffered severe losses as a result of sale and distribution of counterfeit products, the violator will face criminal liability. According to the Criminal Code of the Russian Federation, such crimes are punishable by a fine, correctional or compulsory labor, or actual imprisonment for up to two years.

It also does not exclude the precedents when the violator will be brought simultaneously to all three types of liability.

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