Our country's special code for trademark protection is the "Trademark Law of the People's Republic of China"; there are also "Regulations on the Implementation of the Trademark Law of the People's Republic of China" and "Trademark Law of the People's Republic of China" * and the Implementing Rules of the Trademark Law of the People’s Republic of China and two regulations and regulations; in addition, Articles 213, 214, and 215 of the Criminal Law have clear penalties for trademark infringement.
The "Trademark Law of the People's Republic of China" was adopted by the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982; according to the Standing Committee of the Twelfth National People's Congress on August 30, 2013 The 4th meeting's "Decision on Amending the Trademark Law of the People's Republic of China" was revised for the third time. The "Trademark Law" is divided into general provisions, application for trademark registration, review and approval of trademark registration, renewal, change, transfer and use license of registered trademarks, invalidation of registered trademarks, management of trademark use, protection of exclusive rights to registered trademarks, Article 73 of the Supplementary Provisions shall come into effect on March 1, 1983. The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be terminated; other provisions related to trademark management that conflict with this law shall be invalid at the same time. Trademarks registered before the implementation of this law will continue to be valid.
The "Regulations on the Implementation of the Trademark Law of the People's Republic of China" was promulgated by Order No. 358 of the State Council of the People's Republic of China on August 3, 2002, and was promulgated by the People's Republic of China on April 29, 2014. ***Revised by Order No. 651 of the State Council of the People's Republic of China. The "Implementing Regulations" are divided into general provisions, application for trademark registration, review of trademark registration application, change, transfer and renewal of registered trademark, international registration of trademark, trademark review, management of trademark use, protection of exclusive rights to registered trademarks, trademark agency , Chapter 10, Article 98 of the Supplementary Provisions, effective from May 1, 2014.
The "Detailed Implementation Rules for the Trademark Law of the People's Republic of China" were revised and approved by the State Council on January 3, 1988, and promulgated and implemented by the State Administration for Industry and Commerce on January 13, 1988. At present, the "Detailed Implementation Rules of the Trademark Law of the People's Republic of China" have not been abolished or invalidated, but some relevant provisions in the "Detailed Rules" have been revised by the State Council on April 29, 2014. Revised and replaced by the Trademark Law Implementation Regulations.
Provisions on trademark infringement in my country’s Criminal Law
(1) Crime of counterfeiting registered trademarks. According to Article 213 of the Criminal Law, whoever uses the same trademark as 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 sentenced to a fixed-term imprisonment of not more than three years. shall be fined; 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.
(2) The crime of selling goods with counterfeit registered trademarks. According to Article 214 of the Criminal Law, anyone who 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, 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 crime of illegally manufacturing and selling illegally manufactured registered trademarks. According to Article 215 of the Criminal Law, whoever forges or manufactures without authorization a registered trademark of another person or sells a registered trademark that has been forged or manufactured without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or single shall be fined; 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.