How to punish counterfeiting of registered trademarks
Roughly speaking, counterfeiting of registered trademarks includes the following behaviors (1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark; (2) Selling goods knowingly counterfeiting the registered trademark; (3) Counterfeiting or making without authorization the goods registered by others Trademarks or sales of counterfeit or unauthorized production of other people’s registered trademarks.
Counterfeiting other people’s registered trademarks in serious circumstances will constitute a crime , the relevant personnel must be held criminally responsible.
Counterfeiting registered trademarks and stealing the reputation of the registrant’s products At the same time, it also harms the interests of consumers. Therefore, all countries have included counterfeiting of registered trademarks as a crime and imposed criminal sanctions on the offenders.
Our country's "Criminal Law" also makes the following provisions in this regard.
(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, the amount of illegal income is relatively large, or If there are other serious circumstances, it constitutes a crime. The offender shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and may be concurrently or solely fined. If the amount of illegal income is huge, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined.
(2) Selling knowingly counterfeit registered trademarks If the amount of illegal income is relatively large, it will also constitute the crime of counterfeiting a registered trademark and shall be punished in accordance with the aforementioned provisions.
(3) Counterfeiting or unauthorized production of other people’s registered trademarks Marking or selling counterfeit or unauthorized registered trademarks, and if the amount of illegal income is relatively large or there are other serious circumstances, the punishment shall be in accordance with the above provisions.
"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.
Article 214 [Sales of counterfeit goods Crime of Commodities with Registered Trademarks] Whoever knowingly sells goods that are counterfeiting 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 not less than three years and seven years The following shall be punishable by fixed-term imprisonment and a fine.
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