Article 62: State agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, handle trademark registration, management and review matters illegally, accept property from parties, and seek unreasonable gains. If a legitimate interest constitutes a crime, criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Interpretation This article is about the penalties for state agency staff engaged in trademark registration, management and review work, such as dereliction of duty and acceptance of property from parties.

1. State agency staff engaged in trademark registration, management and review shall perform their duties in accordance with the law. State agency staff engaged in trademark registration, management, and review are responsible for trademark registration, management, and review in accordance with the law. They must enforce the law impartially, be honest and self-disciplined, be loyal to their duties, and serve in a civilized manner. However, in actual work, personnel engaged in trademark registration, management and review will inevitably perform illegal acts in performing their duties. These behaviors mainly include: 1. Neglect of duty, which means that state agency staff engaged in trademark registration, management and review work do not perform, incorrectly perform or abandon the performance of their duties, and illegally handle trademark registration, management and review matters; 2. Abuse of power, It refers to the staff of state agencies engaged in trademark registration, management and review work who abuse their powers or exceed their powers in violation of the responsibilities and procedures stipulated in the law and illegally handle trademark registration, management and review matters; 3. Favoritism and malpractice refers to those engaged in trademark registration, Staff members of state agencies who manage and review work neglect their duties and abuse their powers for personal gain or personal relationships with relatives and friends, and illegally handle trademark registration, management, and review matters; 4. Receiving property from parties refers to those engaged in trademark registration, management, and review work The behavior of state agency staff taking advantage of their work to collect property given by parties. 5. Obtaining illegitimate interests refers to the behavior of state agency staff engaged in trademark registration, management and review work who take advantage of their authority or work convenience to accept kickbacks and handling fees, violate regulations to arrange for their children to attend school and find employment, and obtain other illegal benefits. .

2. According to the relevant provisions of the criminal law, state agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, management and review matters, and accept property from parties , the act of seeking improper benefits may constitute the following crimes: 1. Abuse of power and dereliction of duty. According to the provisions of Article 397 of the Criminal Law, if state agency staff engaged in trademark registration, management, and review work abuse their powers or neglect their duties, resulting in heavy losses to public property, the interests of the country and the people, this constitutes an abuse of power. crime or dereliction of duty. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. 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. Staff members of state agencies engaged in trademark registration, management and review who engage in malpractice for personal gain and commit the above-mentioned crimes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. 2. The crime of accepting bribes. According to the provisions of Article 385 of the Criminal Law, if a staff member of a state agency engaged in trademark registration, management and review takes advantage of his position to illegally accept property from others and seek benefits for others, he is guilty of accepting bribes. Those who commit the crime of accepting bribes shall be punished according to the following provisions according to the seriousness of the circumstances: (1) If the amount of bribes accepted by an individual is more than 100,000 yuan, he shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and may also be subject to confiscation of property; if the circumstances are particularly serious, The penalty shall be death and confiscation of property. (2) An individual who accepts a bribe of more than 50,000 yuan but less 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 particularly serious, he shall be sentenced to life imprisonment and his property shall be confiscated. (3) An individual who accepts a bribe of more than 5,000 yuan but less 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 10 years. If an individual accepts a bribe of more than 5,000 yuan but less than 10,000 yuan, and shows repentance after committing the crime and actively returns the stolen goods, the punishment may be reduced or he may be exempted from criminal punishment.

(4) If the amount of bribes accepted by an individual is less than 5,000 yuan, and the circumstances are relatively serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. (5) If multiple bribes are not dealt with, the person will be punished according to the cumulative amount of bribes accepted.

3. State agency staff engaged in trademark registration, management and review work neglect their duties, abuse their power, practice favoritism, illegally handle trademark registration, management and review matters, accept property from parties, and seek illegitimate benefits, etc. Administrative responsibility for conduct. Although staff members of state agencies engaged in trademark registration, management and reexamination have committed acts stipulated in this article, but the circumstances are obviously minor and the harm is not great, and it does not constitute a crime according to the relevant provisions of the criminal law, they shall be given administrative sanctions in accordance with the law. Administrative sanctions refer to a sanction imposed by state agencies on persons who commit minor violations or violate internal disciplines in accordance with the provisions of laws and administrative regulations and in accordance with administrative affiliations. There are eight main types of administrative sanctions: warning, demerit, major demerit, demotion, demotion, dismissal, probation and expulsion. For state agency staff engaged in trademark registration, management and review who have committed the above-mentioned illegal acts, their unit or their superior unit or supervisory department may impose corresponding administrative sanctions depending on the seriousness of the case.