Interpretation of this article is about the punishment of state organ staff engaged in trademark registration, management and evaluation for dereliction of duty and accepting property from the parties concerned.
1. State functionaries engaged in trademark registration, management and review shall perform their duties according to law. State functionaries engaged in trademark registration, management and review shall be responsible for trademark registration, management and review according to law, and must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and provide civilized services. However, in actual work, people engaged in trademark registration, management and examination will inevitably perform their duties illegally. These behaviors mainly include: 1. Dereliction of duty means that the staff of state organs engaged in trademark registration, management and review do not perform, do not perform correctly or give up their duties, and illegally handle trademark registration, management and review; 2. Abuse of power means that the staff of state organs engaged in trademark registration, management and review violate the duties, authorities and procedures prescribed by law, abuse their powers or exceed their powers, and illegally handle trademark registration, management and review; 3. Engaging in malpractices for selfish ends means that the staff of state organs engaged in trademark registration, management and review neglect their duties, abuse their powers for personal gain or have an affair with relatives and friends, and illegally handle trademark registration, management and review; 4. Accepting the property of the parties refers to the behavior of the staff of state organs engaged in trademark registration, management and evaluation to take advantage of their work to collect the property given by the parties. 5. Seeking illegitimate interests refers to the behavior of the staff of state organs engaged in trademark registration, management and evaluation, taking advantage of their powers or work convenience, accepting kickbacks and handling fees, and arranging their children to go to school, get employment and obtain other illegal interests in violation of regulations.
2. According to the relevant provisions of the Criminal Law, the state functionaries engaged in trademark registration, management and review may commit the following crimes by neglecting their duties, abusing their powers, engaging in malpractices for personal gain, illegally handling trademark registration, management and review, accepting the property of the parties concerned and seeking illegitimate interests: 1. Abuse of power, dereliction of duty. According to the provisions of Article 397 of the Criminal Law, if the staff of state organs engaged in trademark registration, management and review abuse their powers or neglect their duties, resulting in heavy losses to public property and the interests of the state and the people, it constitutes the crime of abuse of power or dereliction of duty. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Any functionary of a state organ engaged in trademark registration, administration and reexamination who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. 2. The crime of accepting bribes. According to the provisions of Article 385 of the Criminal Law, it is a crime of accepting bribes for the staff of state organs engaged in trademark registration, management and evaluation to take advantage of their positions to illegally accept other people's property and seek benefits for others. Whoever commits the crime of accepting bribes shall be punished in accordance with the following provisions according to the seriousness of the case: (1) An individual who accepts bribes of more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property may also be confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated. (2) An individual who accepts bribes of not less than 50,000 yuan but not more than 100,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property. (3) Individuals who accept bribes of not less than 5,000 yuan but not more than 50,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual accepts bribes of more than 5,000 yuan but less than 10,000 yuan, shows repentance after committing a crime and actively returns the stolen goods, his punishment may be mitigated or exempted from criminal punishment. (4) If the amount of bribes received by individuals is less than 5,000 yuan, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. (5) Those who have not dealt with bribery for many times shall be punished according to the accumulated amount of bribes.
The third is the administrative responsibility of the staff of state organs engaged in trademark registration, management and evaluation for dereliction of duty, abuse of power, favoritism, illegal trademark registration, management and evaluation, accepting the property of the parties and seeking illegitimate interests. State functionaries engaged in trademark registration, administration and reexamination shall be given administrative sanctions according to law, although the acts listed in this article are obviously minor and harmless, and do not constitute a crime according to the relevant provisions of the Criminal Law. Administrative punishment refers to a kind of punishment given by state organs in accordance with the provisions of laws and administrative regulations and administrative subordination. Administrative sanctions mainly include warning, demerit recording, gross demerit recording, demotion, demotion, dismissal, probation and dismissal. State functionaries engaged in trademark registration, administration and reexamination who commit the above-mentioned illegal acts may be given corresponding administrative sanctions by their units or superior units and supervision departments according to the seriousness of the case.