What are the judicial interpretations of the crime of counterfeiting registered trademarks?

The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the owner of the registered trademark. So what are the judicial interpretations of the crime of counterfeiting registered trademarks? Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the judicial interpretations of the crime of counterfeiting registered trademarks

"The Supreme People's Court, Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"

Article 1. Without the permission of the registered trademark owner, the use of the same product on the same product Anyone who uses a trademark that is the same as his registered trademark on the Internet and falls under any of the following circumstances shall fall under the "serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be sentenced to or Single fines:

(1) The amount of illegal business operations is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;

(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan More than 10,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to three years for the crime of counterfeiting a registered trademark The above-mentioned one shall be sentenced to fixed-term imprisonment of not more than seven years and shall also be fined:

(1) The illegal business amount exceeds 250,000 yuan or the illegal income amount exceeds 150,000 yuan Above;

(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or illegal income of more than 100,000 yuan;

(3) Other particularly serious circumstances.

Article 13: Carrying out the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law, and then selling goods with the counterfeit registered trademark constitutesAnyone who commits a crime shall be convicted and punished for the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law.

Implement concurrent punishment for several crimes.

"Criminal Law"

Article 213 Unregistered Trademark Owner If the case is serious, the person who uses the same trademark as the registered trademark on the same kind of goods 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 less than three years but not more than seven years. and impose a fine.

Article 220 If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be sentenced to A fine shall be imposed, and the person directly in charge and other persons directly responsible shall be punished in accordance with the provisions of each article of this section.

The above is the relevant introduction to the judicial interpretation of the crime of counterfeiting registered trademarks. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.