According to the relevant laws and regulations of our country, if you buy other people's products and then buy and sell them, it may infringe on the interests of others, which may be illegal and should be punished by law. Next, I will sort out the answer to the question whether it is illegal to buy other people's products and sell them directly, and look down with the question.
1. Is it illegal to buy other people's products and sell them directly?
Unauthorized is illegal. Article 2 14 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are known to be counterfeit registered trademarks, and the sales amount is more than 50,000 yuan.
Second, how much is the general compensation for appearance patent infringement?
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 21: "If there is no patent license fee for reference or the patent license fee is obviously unreasonable, the people's court may generally determine the amount of compensation between RMB 5,000 and RMB 300,000 according to the type of patent right, the nature and circumstances of infringement by the infringer, and the maximum amount shall not exceed RMB 500,000."
Paragraph 3 of Article 20: "The benefits obtained by the infringer due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. "
Paragraph 2 of Article 20: "The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales reduction of patented products caused by infringement by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement. "
Products are not allowed to be sold during patent litigation. During the patent litigation, it is still impossible to determine which party the patent belongs to. If it is still being sold, it is illegal. Of course, it is best to collect relevant evidence and materials to end the case as soon as possible.
3. Can I still sell products during the patent litigation?
During the patent litigation, the sales of products shall be stopped, and then the following acts shall be implemented:
1. Go to the patent office or the entrusted agency to obtain the patent documents of the other party, and ask the agent or lawyer to compare the claims or design pictures in the product with the patent documents to judge the possibility of infringement.
2. After determining that the product is suspected of infringing the patent right of another person, it shall retrieve the patent of the other party for invalidation, collect the same or similar technology before the application date of the other party's patent, request the Patent Reexamination Board to declare the patent right invalid, and the court shall suspend the trial until the Patent Reexamination Board makes a reexamination decision; If the relevant evidence received is obviously unfavorable to you, you should take necessary measures in time to stop continuing to produce and sell the product.
3. Conduct technical research on patented technology, develop products with more advanced technology and better technical effect, apply for patents in time, obtain the right to use patents through cross-licensing, learn lessons, and open products with independent intellectual property rights.
The above is my detailed answer to the question whether it is illegal to directly buy other people's products and sell them. For our country, if we infringe upon the interests of others when selling products, we can punish them according to the sales volume.