What are the legal provisions for punishing trademark crimes
Any trademark violation that constitutes a crime shall be investigated for criminal prosecution in accordance with the law. responsibility. This has three provisions in the "Trademark Law", and there are also corresponding provisions in the "Criminal Law". The specific contents are:
(1) Crime of counterfeiting registered trademark
"Trademark Law" stipulates that using the same trademark as the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, except In addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Article 213 of the Criminal Law stipulates that whoever uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered owner of the 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 be sentenced to Or a fine alone; if the circumstances are particularly serious, the offender 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 essence of this crime is to infringe on the legitimate exclusive rights of others to use a trademark; it manifests itself in the use of the same trademark on the same product, which is different from trademark infringement; the circumstances are serious or particularly serious because the purpose of the crime is mainly to obtain illegal benefits.
(2) Crime of illegally manufacturing and selling illegally manufactured trademarks
The "Trademark Law" stipulates that if forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks constitutes a crime, in addition to compensating the losses of the infringed party, in accordance with the law Pursuance of criminal liability. Article 215 of the "Criminal Law" provides the same provisions for this illegal act, and provides criminal penalties for serious and particularly serious cases. The essence of this crime is a violation of the country's trademark management system, through the illegal manufacture and sale of illegally manufactured trademark logos, infringes upon the legal trademark exclusive rights and disrupts the order of trademark management. Counterfeiting and unauthorized manufacturing are two forms of illegal manufacturing. Both natural persons and legal persons can be the subject of this crime. In terms of subjective aspects Shown as intentional, this kind of criminal behavior has great social harm.
(3) Crime of selling counterfeit registered trademark goods
The "Trademark Law" stipulates that anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime, and in addition to compensating the losses of the infringed party, he will be held criminally responsible in accordance with the law. Article 214 of the "Criminal Law" The regulations stipulate that anyone who knowingly sells goods that are 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 sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and shall be fined. This crime is that the sale of goods with counterfeit registered trademarks essentially constitutes an infringement of the exclusive right to use a trademark and damages the legitimate rights and interests of the trademark owner. From the subjective aspect of the perpetrator, the element of knowingness should be present, which is reflected in the sales The amount is relatively large and huge.
I believe you have read it After the above introduction, you have a certain legal understanding of how to solve the responsibilities that need to be paid attention to. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
