How to convict the production of counterfeit products will constitute the crime of producing, selling and counterfeiting products. Article 140 of China's Criminal Law: Producers and sellers who adulterate their products with fake products, pass off fake products as genuine products, and pass off unqualified products as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined at least 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated. Whoever sells seeds that he knows are false or lose their use efficiency, thus causing heavy losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Legal objectivity:
Measures for the Administrative Enforcement of Patents (Revised on 20 15) Article 45 If the administrative department for patent affairs finds that the act of counterfeiting patents is established, it shall order the actor to take the following corrective measures: (1) Mark the patent mark on the product or its packaging that has not been granted the patent right, and if the patent right is declared invalid or terminated, continue to mark the patent mark on the product or its packaging, or mark the patent number of others on the product or its packaging without permission, immediately stop the marking and eliminate it. If the patent mark on the product is difficult to eliminate, the product or packaging shall be destroyed; (two) sales of products listed in item (a), immediately stop the sales behavior; (3) If a technology or design that has not been granted a patent right is called a patented technology or design, a patent application is called a patent, or another person's patent number is used without permission, so that the public will mistake the technology or design involved for another person's patented technology or design, immediately stop distributing the materials, destroy the materials that have not been distributed, and eliminate the influence; (4) Whoever forges or alters a patent certificate, patent document or patent application document shall immediately stop forging or altering, destroy the forged or altered patent certificate, patent document or patent application document, and eliminate the influence; (5) Ordering exhibitors with counterfeit patents to take measures such as withdrawing the counterfeit patent exhibits from the exhibition, destroying or sealing up the corresponding publicity materials, replacing or covering the corresponding exhibition boards; (six) other necessary rectification measures. Where the patent administrative department finds that the counterfeiting of patents on the e-commerce platform is established, it shall notify the e-commerce platform provider to take timely measures such as deleting, blocking or disconnecting the related webpages of counterfeit patented products.