What are the provisions for criminal protection of well-known trademarks
Chapter 3, Section 7 of my country's "Criminal Law" "Crime of Infringement of Intellectual Property Rights" Among them, there are three main crimes related to trademark infringement: the crime of counterfeiting a registered trademark, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing and selling illegally manufactured registered trademark signs - which are also correspondingly found in Article 59 of the Criminal Law Regulation.
From the content of criminal law and trademark law, both There are no special provisions regarding well-known trademarks. Although in practice "less well-known trademarks are generally not infringed by these criminal acts, it is often the more well-known trademarks that are infringed. Therefore, these regulations actually protect mostly trademarks that are well-known to the public or well-known trademarks." "However, this is not the direct purpose of the legislation and does not reflect the value orientation of providing special protection to well-known trademarks.
According to Article 69 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Counterfeiting of Registered Trademark Cases (Article 2 of the Criminal Law) Article 213)], without the permission of the owner of the registered trademark, the use of a trademark identical to the registered trademark on the same kind of goods is suspected of one of the following circumstances, a case shall be filed for prosecution:
(1) The amount of illegal business operations exceeds 50,000 yuan or the amount of illegal income exceeds 30,000 yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
Article 213 of the Criminal Law [Crime of Counterfeiting Registered Trademarks] Anyone who uses the same trademark as his 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 be sentenced to a fine or solely; if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
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