Will there be criminal liability for violating trademark rights
If not The trademark registrant agrees that the unauthorized use of other people's trademarks constitutes a crime, and those who infringe upon trademark rights are subject to criminal liability.
According to the law, counterfeiting or unauthorized production of other people’s Registered trademarks or selling counterfeit or If a registered trademark sign created without authorization constitutes a crime, in addition to compensating the infringed party for its losses, criminal liability will be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law.
"Criminal Law of the People's Republic of China" Article 213 [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 or a fine alone; if the circumstances are particularly serious, the offender 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 214 [Sales of goods with counterfeit registered trademarks Crime] knowingly selling goods with counterfeit registered trademarks, and the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. , and impose a fine.
Article 215 of the "Criminal Law of the People's Republic of China"[Crime of illegally manufacturing and selling illegally manufactured registered trademarks] Whoever forges or manufactures other people's registered trademarks without authorization 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 surveillance, and shall also be sentenced to or A single fine shall be imposed; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
The above is the legal knowledge about trademark rights explained to you by the editor of Legal Savior. I hope it can help everyone in life. If you have other questions or the situation is complicated, you are welcome to seek legal consultation on this website. The Legal Savior Network also provides online lawyer consultation services.
No comments yet. Say something...