What are the penalties for allegedly plagiarizing other people’s products
According to the "Criminal Law", counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks shall constitute the crime of counterfeiting registered trademarks. If the circumstances are serious, the person shall be punished. The offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or shall be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
(3) Other circumstances.
"Criminal Law of the People's Republic of China" 210 Article 3 [Crime of Counterfeiting Registered Trademarks] Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, 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 offense is particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
"Criminal Law of the People's Republic of China"》Article 214 [Crime of Selling Commodities with Counterfeit Registered Trademarks] Anyone who knowingly sells commodities with counterfeit registered trademarks and the sales amount is relatively large 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 amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
The operator uses the unique name and packaging of well-known products without authorization , decoration, or uses names, packaging, decoration similar to those of well-known goods, causing confusion with other people's well-known goods and causing buyers to mistake them for the well-known goods, the supervision and inspection department shall order them to stop the illegal behavior, confiscate the illegal gains, and may Depending on the circumstances, a fine of not less than one time but not more than three times the illegal income may be imposed; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and inferior goods constitutes a crime, criminal liability shall be pursued in accordance with the law.
"Anti-Unfair Competition Law of the People's Republic of China" Article 5 Operators shall not use the following unfair means to engage in market transactions and harm competitors:
(1) Counterfeiting other people’s registered trademarks;
(2) Using the unique names, packaging, and decoration of well-known goods without authorization, or using names, packaging, and decoration similar to those of well-known goods, causing confusion with other people's well-known goods, causing buyers to mistakenly think that they are the well-known goods. Products;
(3) Unauthorized use of other people’s business names Or name, leading people to mistake it for someone else’s product;
(4) Forging or falsely using certification marks on goodslogo, famous quality mark and other quality marks, forge the place of origin, and make misleading and false representations of the quality of the goods.
Article 21 The operator impersonates another person’s registration Trademarks, using other people's business names or names without authorization, forging or fraudulently using quality marks such as certification marks and famous quality marks, forging the place of origin, and making misleading false representations about the quality of goods shall be punished in accordance with the Trademark Law of the People's Republic of China and the Penalties stipulated in the Product Quality Law of the People's Republic of China.
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