Current location - Trademark Inquiry Complete Network - Trademark registration - Is trademark infringement a crime?
Is trademark infringement a crime?
Legal analysis: Among the crimes of infringing intellectual property rights stipulated in the specific provisions of the Criminal Law, there are three kinds of crimes of infringing trademark rights. Specifically: the crime of counterfeiting trademarks, the crime of selling goods that are known to be counterfeit registered trademarks, the crime of forging, manufacturing and selling forged or unauthorized trademarks of others.

Legal basis: Article 2 13 of the Criminal Law of People's Republic of China (PRC).

Whoever uses a trademark identical to its registered trademark on the same commodity 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 shall only, be fined; If the circumstances are especially 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 61

The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use registered trademarks according to law; Suspected of committing a crime, it shall be promptly transferred to judicial organs for legal treatment.

Article 67

Without the permission of the trademark registrant, if a trademark identical to its registered trademark is used on the same commodity, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.

Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.

Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.