Trademark infringement will be subject to criminal penalties
Trademark infringement will be subject to criminal penalties.
(1) Crime of counterfeiting a registered trademark
Publishing the same product under the same category without the permission of the registered trademark owner If a trademark that is the same as its registered trademark is used on goods, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
Using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and any of the following circumstances falls under Article 211 of the Criminal Law For "serious circumstances" as stipulated in Article 13, a person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be fined or shall be fined as follows:
(1 ) The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan; (2) Counterfeiting two or more registered trademarks, and the illegal business amount is more than 30,000 yuan; More than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to more than three years for the crime of counterfeiting a registered trademark A prison term of not more than seven years and a fine:
(1) The amount of illegal business operations exceeds 250,000 yuan or the amount of illegal income exceeds 150,000 yuan ;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan;
(3) Other particularly serious situations
(2) The crime of counterfeiting or making without authorization a registered trademark of another person or selling a counterfeit or making without authorization a registered trademark.
Forgery or unauthorized manufacture of registered trademarks of others or sale of 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. A fine may be imposed concurrently or solely; 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.
Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks and any of the following circumstances shall fall under Article 215 of the Criminal Law For "serious circumstances" as stipulated in Article 1, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance for the crime of illegally manufacturing and selling illegally manufactured registered trademarks, and shall also be fined or shall be fined alone:
(1) The number of counterfeited or unauthorized manufactured registered trademarks or signs exceeds 20,000, or the amount of illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 30,000 yuan;
(2) Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture of two or more registered trademarks, the number of which exceeds 10,000, or the illegal business amount exceeds 30,000 yuan or above, or the amount of illegal income exceeds 20,000 yuan;
(3) Other serious circumstances.
Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 215 of the Criminal Law and shall be registered as an illegal manufacturer or seller of illegally manufactured products. The crime of trademark marking shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Forgery, unauthorized manufacture or sale of forged or unauthorized registered trademark marks The quantity is more than 100,000 pieces, or the illegal business amount is more than 250,000 yuan, or the illegal income is more than 150,000 yuan;
(2) Counterfeiting, unauthorized manufacturing or selling of two or more registered trademarks and logos in quantity exceeding 50,000, or illegal business amount exceeding 150,000 yuan, or illegal income amounting to 100,000 yuan or more;
(3) Other particularly serious circumstances.(3) Crime of selling counterfeit registered trademarks
Whoever 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, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Imprisonment, and a fine.
Selling goods that are knowingly counterfeit registered trademarks, with a sales amount of more than 50,000 yuan, falls under the provisions of Article 214 of the Criminal Law If the "amount is relatively large", he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be fined or be fined alone.
Sales amount If the amount exceeds 250,000 yuan, it falls under the "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of selling goods with counterfeit registered trademarks.
The above is the content compiled by the editor for you. For general trademark infringement, you will only bear corresponding civil liability, but if the circumstances are serious, it will constitute criminal law If you commit a crime, you will be held accountable for corresponding criminal liability. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
