According to the Criminal Law, the crime of infringement of intellectual property rights refers to violation of intellectual property protection regulations, illegal use of intellectual property rights without the permission of the owner of intellectual property rights, infringement of the state's management order of intellectual property rights and intellectual property ownership. The person's legitimate rights and interests, illegal gains are relatively large or the circumstances are serious. Article 213 of the Criminal Law stipulates that anyone who 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 fined. ; If the circumstances are particularly serious, he 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 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 not less than three years and seven years' imprisonment. to fixed-term imprisonment of not more than 10 years and to a fine. Article 215 Whoever forges or manufactures other people's registered trademarks without authorization or sells counterfeit 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 or solely be fined; in special circumstances If 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. Article 216 Whoever counterfeits the patent of others, 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. Article 217 Whoever commits one of the following copyright infringement situations for the purpose of profit, and the amount of illegal gains is relatively large or there are other serious circumstances, 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 amount is huge or there are other particularly serious circumstances, he 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) Reproduction and distribution of written works, music, movies, television, video works, and computer software without the permission of the copyright owner and other works; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings without the permission of the audio and video producers; (4) Producing and selling art that counterfeits the signature of others of works. Article 218 Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. gold. Article 219 Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined alone; if the consequences are particularly serious, he shall be sentenced to: A prison term of not less than three years but not more than seven years, and a fine: (1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means; (2) Disclosing, using or allowing others to use the means obtained in the preceding paragraph (3) Violating the agreement or the obligee's requirement to keep commercial secrets by disclosing, using or allowing others to use the trade secrets in his possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets. The term "trade secrets" as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures. The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret. Article 220 If a unit commits the crimes stipulated in Articles 213 to 219 of this section, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be fined in accordance with the The penalties specified in each article of this section.
If the court passes a judgment and the person is sentenced to a real sentence, he will be sent to prison to serve his sentence. It depends on the outcome of the sentence. Before the judgment takes effect, you will still be released on bail pending trial.
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