Counterfeiting violates the order of market competition; Counterfeiting violates the order of trademark management.
2. Fake and shoddy illegal objects are different.
The illegal object is the material undertaker of the illegal object and the social relationship embodied by the illegal object. The illegal objects of counterfeiting are the "name", "packaging" and "decoration" of well-known commodities; Fake illegal objects are registered trademarks of others.
3. The objective manifestations of counterfeiting are different.
Objectively speaking, counterfeiting is a violation of the anti-unfair competition law, and unauthorized use of the name, packaging and decoration of well-known goods is the same or similar; Objectively speaking, counterfeiting is a violation of trademark management laws and regulations, counterfeiting or forging or selling other people's registered trademarks.
4. The results of fraud and fraud are different.
Counterfeiting other people's well-known goods causes confusion, making buyers mistakenly think that the well-known goods have the purpose of harming competitors; Counterfeiting is a misunderstanding of commodity signs and symbols (words and graphics), which is no different from similar commodities and has the purpose of infringing on the exclusive right of others to register trademarks.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 213 Whoever uses the same trademark as its registered trademark on the same commodity or service without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Article 216 Whoever counterfeits another person's patent, 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 shall only, be fined.