Legal analysis: From the perspective of the ownership of the legal department, intellectual property law still belongs to civil law and is a special law of civil law. Most of the basic principles, systems and legal norms of civil law apply to intellectual property rights, and the public law norms and procedural law norms in intellectual property law serve to confirm and protect the private right of intellectual property rights and do not occupy a dominant position.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China and the People's Republic of China. Without the permission of the registered trademark owner, using the same trademark as the registered trademark on the same kind of goods or services shall If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.

Article 214: Anyone who knowingly sells goods with counterfeit registered trademarks and obtains a relatively large amount of illegal income or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or solely be fined; illegal If the amount of income 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 ten years, and shall also be fined.

Article 215 Whoever forges or manufactures without authorization a registered trademark of another person or sells a forged or unauthorized registered trademark shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years 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 ten years, and shall also be fined.

Article 219: Whoever commits one of the following acts of infringement of trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to not less than three years A prison term of not more than ten years and a fine for: (1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means; (2) Disclosing, using or allowing others to use the means mentioned in the preceding paragraph Obtaining the right holder’s trade secrets; (3) Violating confidentiality obligations or violating the right holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession. Anyone who knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secrets. 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 219-1 Whoever steals, spies on, buys, or illegally provides commercial secrets to overseas institutions, organizations, or personnel shall be sentenced to fixed-term imprisonment of not more than five years, and shall also be fined, or shall be fined alone; if the circumstances are serious, he shall be sentenced to five years The above punishment shall be fixed-term imprisonment and shall also be punished with a fine.