(1) Crime of counterfeiting registered trademarks.

According to Article 213 of the Criminal Law, anyone who uses the same trademark as his 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 be concurrently or solely 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 that are 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, 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 other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention. or control, and shall be fined in addition or solely; 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.

(4) Crime of patent counterfeiting.

According to Article 216 of the "Criminal Law", 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.

(5) Crime of copyright infringement.

According to Article 217 of the "Criminal Law", whoever commits any of the following copyright infringement situations for the purpose of profit, if 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 Imprisonment or criminal detention, and concurrently or solely a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, 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.

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books for which others have exclusive publishing rights (3) Copying and distributing audio and video recordings without the permission of the audio and video producers; (4) Producing and selling works of art that counterfeit the signature of others.

(6) Crime of selling infringing copies.

According to Article 218 of the Criminal Law, whoever, for the purpose of profit, knowingly sells infringing copies specified in Article 217 of this Law and obtains a huge amount of illegal gains, shall be punished with a three-year fine. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.

(7) Crime of infringement of trade secrets.

According to Article 219 of the "Criminal Law", whoever infringes on one of the following trade secrets and causes heavy losses to the right holder of the trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A single fine shall be imposed; if particularly serious consequences are caused, 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.

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 mentioned in the preceding paragraph to obtain them The right holder’s trade secrets;

3. Violating the agreement or violating the right holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses 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 has been kept confidential by the right holder. 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.

(8) If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the directly responsible person in charge and other responsible personnel shall be fined. , punished in accordance with the provisions of each article of this section.

In addition, in practice, the crime of intellectual property infringement may also be dealt with as the following crimes:

1. "Production" as stipulated in Section 1 of Chapter 3 of the "Criminal Law" (Articles 140-150) "The crime of selling counterfeit and shoddy goods" includes the production and sale of fake and shoddy products, counterfeit medicines, inferior medicines, food that does not meet hygienic standards, toxic and harmful food, medical equipment that does not meet standards, products that do not meet safety standards, fake and inferior pesticides, veterinary drugs, Nine crimes include chemical fertilizers, seeds, and cosmetics that do not meet hygienic standards.

2. The crime of smuggling stipulated in Articles 133 and 135 of the "Criminal Law". (Article 19 of my country's "Customs Law" stipulates that if you import or export goods that infringe on intellectual property rights protected by my country's laws and administrative regulations, the customs will confiscate the infringing goods in accordance with the law and impose a fine; if a crime is constituted, criminal liability will be pursued in accordance with the law.)

3. The crime of illegal business operations stipulated in Article 225 of the "Criminal Law".

4. Related crimes also involve organized crime, terrorist crimes, money laundering, etc.

In practice, if the infringement of intellectual property rights is serious, it may rise to the realm of criminal law and constitute a crime. Under different torts, the alleged criminal offenses may be different, so the specific penalties will also be different. If you encounter criminal problems in your life, consulting a professional lawyer on the Lawyer 365 website is an option. I believe that a professional lawyer will provide you with a professional interpretation.