Counterfeiting Requires Legal Weapons And Means Of Rule Of Law.

Judging from the timeline, the strict law against counterfeiting in the world began in 1980s, that is, the stage of rapid expansion of fake commodities with the globalization of trade and free trade.

Before the general agreement on Tariffs and trade (GATT) before WTO, there is a agreement on trade related aspects of intellectual property rights, which requires the parties to the agreement to implement a principle of "counterfeiting into prison". There are such descriptions in the agreement: "stipulating applicable criminal procedures and punishments Ordinance, which are applicable to at least the manufacture of counterfeit trademarks or copyright infringement on commercial scale. The legal remedies received should include imprisonment and / or fines that are sufficiently deterrent, and the degree of punishment should be consistent with the degree of punishment for legal remedies for crimes with a corresponding seriousness. "

Due to the differences in the degree of economic development and cultural differences in different countries, the law of counterfeiting is also restricted by regional differentiation, and it is necessary to coordinate differences in criminal, civil and administrative procedures. In short, some acts are counterfeit in the jurisdiction of A, but not in B jurisdictions.

Take the United States, which is considered to be relatively perfect in the legal system, for example, the United States is a society that frequently leads to litigation. The powerful and redundant legal system provides the basis for lawsuits and penalties for counterfeiting counterfeit goods. American laws related to counterfeiting include trademark law, consumer goods safety law, anti counterfeiting law, and intellectual property law.

The trademark law is one of the core laws of counterfeiting. The federal and state laws in the United States and the state have the right to establish the trademark law. The federal has trademark law. The 50 states also have their own trademark law, that is, the trademark law system in the United States is the 1+50 mode.

In order to strengthen the actual effect of anti-counterfeiting, the United States also has relevant laws to guarantee it at the executive level. The US counterfeit trademark Act promulgated in 1984 and the law on sanctions and enforcement of offenders in 1994 are listed here.

The US law stipulates that the producers and wholesalers of fake commodities, Terminal seller They can be convicted and severely punished. Producers and operators can be fined below 250 thousand dollars to less than 1 million dollars. If a convicted recidivist is fined up to 5 million dollars, plus 5 years' imprisonment. Such a minute penalty can make bankruptcy a heavy punishment, and it is not easy to go to jail.

The United States is an old rule of law society, the provisions of the law are extremely detailed, and there are many provisions. For example, there are more than 400 pages of federal food management regulations. Lawyers in the United States are also happy to be there. Counterfeiting In the field of playing their expertise and protecting the rights of consumers, lawyers can generally draw 25% to 30% Commission on the amount of awards awarded.

The US government has set up a set of measures to combat counterfeiting. all-out people's war The system is a federal consumer interest Committee established by President Kennedy in 1964, founded by the American consumer Union in 1967, and the State Consumer Association has 56 consumer organizations. In 1969, when Nixon was in office, it increased to 179 consumer organizations. From then on, the United States from the Federation to the state, the government and the private sector had consumer protection agencies. The federal government's consumer affairs office is the highest office and is headed by a special assistant to the president. The US police are responsible for the specific actions of counterfeiting counterfeit goods. The police regularly inspect the products in the production, transportation, wholesale and sale periods, and once they find fake goods, they can directly arrest people.

The "soft" anti counterfeiting law can be referred to Brazil. According to the code of criminal procedure of Brazil, the relevant law enforcement officers must be ordered to seal off fake samples before the suspect is prosecuted. After the fakes are sealed up, they must be referred to the "expert committee" for identification. If the expert opinion is accepted by the judge, the counterfeit shall be prosecuted within 30 days. After the prosecution, the suspected illegal goods can be completely seized and the property of the defendant will be searched. The lengthy and complex procedures ensure maximum procedural justice and avoid unauthorized seizure. However, the sample link is equivalent to making a scene of alarm.

The law of counterfeiting and counterfeiting can be referred to in India. The law against counterfeiting in India is promulgated very early. In 1958, the trade and Trademark Law of India stipulates that counterfeiters will be imprisoned for two years plus a fine (or one of them is punishing). In 1993, imprisonment will be increased to three years, and the penalty will be increased to 1 million rupees. However, the India law stipulates that the cost of counterfeiting litigation is borne by the counterfeited trademark holders. It is difficult for the trademark holders to get the support of the police because all the links in the India fake case need to be matched, and the India courts generally punish the counterfeiters according to the lightest penalty standard.