What are the penalties for intellectual property infringement
"Criminal Law"
Section 7 Crime of Intellectual Property InfringementArticle 213 Without the permission of the registered trademark owner, Anyone who uses the same trademark as his registered trademark on the same kind of goods, 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 shall be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined .
Article 214 Sales knowingly Whoever sells goods counterfeiting registered trademarks for a relatively large amount 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 impose a fine.
Article 215 Forgery and unauthorized Whoever manufactures other people's registered trademarks or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years. Imprisonment and a fine.
Article 216 Counterfeiting others’ patents , 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.
Article 217 For the purpose of profit, the following are In one of the copyright infringement situations, if the amount of illegal gains is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to more than three years Imprisonment of not more than seven years and a fine:
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(4) Producing and selling works of art that counterfeit the signatures of others.
Article 218 For the purpose of profit, those who knowingly sell infringing copies specified in Article 217 of this Law shall If the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Article 219: Whoever commits any of the following acts of infringement of trade secrets, causing heavy losses to the right holder of the trade secret, 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 particularly serious consequences are caused, 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:
(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violation of the agreement or violation of the rights holder’s privacy policy To request trade secrets, disclose, use or allow others to use the trade secrets in their possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to those that are not known to the public, can bring economic benefits to the right holder, are practical and are approved by the rights holder. technical information and business information that people take confidentiality measures.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
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 will be imposed, and the person directly in charge and other directly responsible personnel will be punished in accordance with the provisions of each article of this section.
I believe you have found the answer to intellectual property infringement from the above. If you have other questions or the situation is complicated, the Legal Savior Network also provides lawyers online Consulting services, you are welcome to provide legal consultation.
No comments yet. Say something...