Can a complaint be successful if there is prior proof?

What you are asking is, "If someone complains about patent infringement, can he successfully complain if there is a prior certificate?" Not necessarily, it depends on the actual situation.

1. The prosecutor may use your product to apply for a patent and then sue you in turn. It is recommended that you check whether the time when he applied for the patent was before you sold the product. If so, then you can use his sales record before applying for a patent as evidence.

2. Even if it is indeed an infringement, you can choose to prove that you are selling this product without knowing it, and that you asked the wholesaler to distribute this product on your behalf. In view of your current situation, I suggest you consider these two points first.

Extended information: Article 213 of the Criminal Law:

Using the same trademark as the registered trademark on the same kind of goods 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 or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 214:

Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A single fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 215:

Whoever forges or manufactures other people’s registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to a fixed term of not more than three years. Imprisonment, criminal detention or public surveillance, and concurrently or solely 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 seven years, and shall also be fined.

Article 216:

Whoever counterfeits the patent of others, 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.

Article 217:

Whoever commits one of the following copyright infringement situations for the purpose of profit, and the amount of illegal gains is relatively large, or there are other serious circumstances, shall be sentenced to three years in prison The following fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.