How to punish the crime of counterfeiting a registered trademark
1. If it constitutes the crime of counterfeiting a registered trademark, and the circumstances are serious, he or she shall be sentenced to a fixed term of not more than three years. Imprisonment or criminal detention, and either a fine or a fine.
2. Constitutes the crime of counterfeiting registered trademarks, 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.
3. The unit constitutes the crime of counterfeiting registered trademarks, and the unit shall A fine shall be imposed, and the person directly in charge and other directly responsible persons shall be punished according to the crime committed by a natural person.
4. If it constitutes the crime of counterfeiting a registered trademark and knowingly sells goods with counterfeit registered trademarks of others, which constitutes a crime, it shall be punished for several crimes.
5. It should be noted that it should be used on the same product Trademarks that are similar to others’ registered trademarks, in the same categoryIt is a general illegal act to use a trademark that is the same as someone else's registered trademark on similar goods, or to use a trademark that is similar to someone else's registered trademark on similar goods. It does not constitute a crime and will not be subject to criminal punishment.
According to the "Supreme People's Procuratorate and the Ministry of Public Security's Notice on Public Security Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of the Agencies (2)" Article 69 [Case of Counterfeiting Registered Trademarks (Article 213 of the Criminal Law)], using the same kind of goods without the permission of the owner of the registered trademark If a trademark that is the same as its registered trademark is suspected of one of the following circumstances, a case should be filed for prosecution:
(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;
(3) Other serious circumstances.
"Criminal Law" Article 213 [Crime of counterfeiting registered trademarks] Using a trademark identical to the 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 also or solely 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.
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