What is the crime of infringement of registered trademarks
The crime of infringement of registered trademarks means that legal persons or citizens engaged in industrial and commercial activities violate trademark management regulations and use the same trademark as their registered trademark on the same product without the permission of the registered trademark owner, and The amount of illegal profits obtained is relatively large or there are other serious crimes. Articles 213 to 215 of my country's Criminal Law clearly stipulate the crimes that constitute a crime of infringement of trademark rights and their penalties.
According to the provisions of our country’s criminal law The crime of counterfeiting registered trademarks refers to the serious act of using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner.
Using a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark is called infringement of a registered trademark. 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; 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 shall also be fined.
Criminal Law of the People's Republic of China:
Article 213 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 concurrently or solely 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 shall also be fined.
Article 214 Anyone who knowingly sells goods 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. A fine may be imposed concurrently or solely; if the sales 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.
Article 215 Whoever forges or manufactures without authorization the registered trademark signs of others or sells forged or unauthorized registered trademark signs, if the circumstances are serious, shall be sentenced to not more than three years in prison Fixed-term imprisonment, criminal detention or public surveillance, and concurrently or solely a fine; 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 a fine.
