1. How long is the typical sentence for the crime of counterfeiting a trademark of RMB 150,000?
Without If the owner of a registered trademark permits the use of the same trademark on the same kind of goods, and the circumstances are serious, he 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, he shall be sentenced to not less than three years and seven years. The following shall be punishable by fixed-term imprisonment and a fine.
Article 213 of the Criminal Law of the People's Republic of China
[Counterfeit registration Trademark Crime] Using a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, he 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, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or a fine; A term of imprisonment of not less than three years but not more than seven years, and a fine.
2. What are the standards for prosecution of the crime of counterfeiting registered trademarks?
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Anyone who knowingly sells goods that are counterfeit registered trademarks and is suspected of one of the following circumstances shall be prosecuted:
(1) The sales amount is more than 50,000 yuan;
(2) The goods have not yet been sold, and the value of the goods is more than 150,000 yuan Above;
(3) The sales amount is less than 50,000 yuan, but the total value of the sales amount and the unsold goods is more than 150,000 yuan.
Relevant Judicial Interpretations
The Supreme People's Procuratorate and the Ministry of Public Security's "On Criminal Cases under the Jurisdiction of Public Security Organs" Provisions on Standards for Case Filing and Prosecution (2)" (Excerpt)
Article 70
[Case of selling goods with counterfeit registered trademarks (Article 214 of the Criminal Law)] Selling knowingly If the goods are counterfeit registered trademarks and are suspected of any of the following circumstances, a case shall be filed for prosecution:
(1) The sales amount is more than 50,000 yuan;
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(2) Not yet sold, with a value of more than 150,000 yuan;
( 3) The sales amount is less than 50,000 yuan, but the total value of the sales amount and the unsold goods is more than 150,000 yuan.
89 Article 90 If criminal liability needs to be investigated for preliminary offenders, attempted offenders or suspended offenders, a case shall be filed for prosecution.
Article 90 Standards for filing and prosecution in these regulations , unless otherwise provided in laws, judicial interpretations, or these regulations, shall apply to the corresponding unit crimes.
Article 91 " "Above", including this number.
If there is such a situation as counterfeiting of trademarks in real life, then according to the seriousness of the counterfeiting of registered trademarks, this Different sentencings will be made. In most cases, the punishment will be a fixed-term imprisonment of not more than three years. If the circumstances are particularly serious, the punishment will be a fixed-term imprisonment of not less than three years but not more than seven years, and a fine will also be adopted. Punishment measures.
I hope that through the legal knowledge in the above article, it should have helped you solve the related legal issues of 150,000 yuan for counterfeiting trademarks? How long is the sentence? In fact, Legal problems exist everywhere in life, so we should know more about legal knowledge so that we can avoid not knowing how to solve legal problems when we encounter them. If your question remains unanswered after reading the above , you can click the "Consult Now" button below to consult a professional lawyer online.
