Is it illegal to resell Bingdundun?

Answer: Illegal, but not necessarily a crime (criminal punishment). First of all, there are existing cases of administrative penalties for reselling Bing Dun Dun. Therefore, we can simply draw the conclusion that “Reselling Bing Dung Dun is illegal.” Secondly, some students mentioned that China is a civil law system (the civil law system and the law of the sea are different, and the law of the sea is characterized by case law, that is, referring to existing precedents to form laws. The characteristics of the civil law system are Statutory law is the mainstay, and case law is not recognized), however, it is still illegal to sell Bing Dun Dun. The reason is that Bingdundun is a special commodity. First, Bingdundun is designed and registered as a trademark by the Olympic Committee team. Products with trademarks cannot be sold and used arbitrarily (this part is in the “Regulations for the Implementation of the Trademark Law of the People’s Republic of China” ); secondly, Bingdundun is not only a registered trademark product, but also an Olympic product. The Regulations stipulate that no one may use the Olympic logo for commercial purposes without the permission of the owner of the Olympic logo. Of course, in addition to these two items, the “illegal business operations that disrupt the market order” in Article 225 of the Criminal Law can also be applied to the case of reselling Bing Dun Dun.

Is it illegal to resell graphics cards/water glasses and other items?

A: This matter needs to be looked at separately. If you just look at price fluctuations, then this is normal. After all, we learned in high school that “value determines price, and supply and demand affect price”. However, it does not mean that reselling does not violate other laws and regulations. For example, when selling graphics cards, whether to provide an invoice. If not, it is suspected of tax evasion. In addition, there may be violations of illegal business crimes. So let’s put it simply, it’s not illegal. But strictly speaking, it may be illegal. However, most of the time in the actual implementation process, we can only choose “moral condemnation”. After all, Mr. Luo Xiang said that “law is the lowest moral requirement for people”. If the situation is not bad enough, even the police will recommend it. You resolve issues through mediation, not legal means.

Why not deal with selling graphics cards at high prices?

A: There is a problem here. There is a concept of “parties” in law. Taking the reselling of graphics cards as an example, unless the amount is huge and it affects the market (how to affect the market is still undefined), there is no way to file a lawsuit. In civil law, litigation is mainly initiated by the parties. Although there is “a third party who believes that it has an independent right of claim, the right to file a lawsuit.” However, in terms of actual implementation, this may not be easy to operate. For example, if you bought a graphics card, how do you sue him for illegal business operations? Criminal law is generally a public prosecution. Unless there are particularly bad circumstances, public prosecution will generally not be initiated before the amount is reached.

What I said above may be wrong. I’m not a law student after all. In real application scenarios, the above content may have loopholes.

References:

Beijing police seized 3 illegal people who reselling ” Bingdundun ” at high prices: https://ift.tt/7qui4cG
Regulations on the Implementation of the Trademark Law of the People’s Republic of China: http://www.gov.cn/zhengce/content/2014-04/30/content_8792.htm
Regulations on the Protection of Olympic Symbols: http://www.gov.cn/zhengce/content/2018-06/30/content_5302468.htm
Criminal Law of the People’s Republic of China: https://ift.tt/FMPR0jv
Civil Procedure Law of the People’s Republic of China: https://www.spp.gov.cn/spp/fl/201802/t20180201_363882.shtml

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