The crime of counterfeiting trademarks involves serious illegal acts and is usually classified as a criminal offense. Depending on the circumstances, the sentence can range from 3 to 15 years. A criminal fine of RMB 80,000 is just one of the punishments.
The crime of counterfeiting trademarks is a serious illegal act involving intellectual property rights and is a criminal offence. According to Article 117 of the Criminal Law of the People's Republic of China, anyone who uses a registered trademark without the permission of the registered trademark owner, or manufactures or sells counterfeit registered trademarks, constitutes the crime of counterfeiting a registered trademark. Will be subject to corresponding legal sanctions. Specifically, the punishment for criminals includes, in addition to fines, fixed-term imprisonment, and the sentencing time generally ranges from 3 to 15 years. The judgment of the length of the sentence is mainly based on factors such as the criminal's illegal situation, the degree of social harm, and the restoration of the rights and interests of the victim. At the same time, if the criminal can actively plead guilty, compensate for losses, cooperate with the investigation, etc., it will also affect the severity of the penalty. If trademark infringement causes huge economic losses or serious social harm, or is caused by organizing or leading the crime of counterfeiting registered trademarks, it may be constituted as a "major" crime and result in more serious penalties.
If trademark infringement is caused by unconscious operations, will it also constitute the crime of trademark counterfeiting? Unintentional trademark infringement will generally not be considered a crime of trademark counterfeiting. However, if you know or should have known about trademark infringement and still continue to use or sell infringing goods, it may involve intentional or negligent behavior and you will need to bear corresponding civil or criminal liability.
The crime of counterfeiting trademarks is a serious illegal act involving intellectual property rights and will be punished by law. Offenders will face varying levels of penalties, including fines and prison terms. During the use of trademarks, the rights to use the trademark should be carefully reviewed and relevant laws and regulations should be strictly observed to avoid infringement of the intellectual property rights of others.
Legal basis:
Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China, without the permission of the registered trademark owner, using the same product on the same product as the registered trademark If the trademarks are identical, if the circumstances are serious, they 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, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined.