Current location - Trademark Inquiry Complete Network - Trademark registration - Crime of infringing trademark rights in criminal law
Crime of infringing trademark rights in criminal law
(a) the crime of counterfeiting a registered trademark. According to Article 213 of the Criminal Law, anyone who uses the same trademark on the same commodity without the permission of the registered trademark owner, 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 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.

(2) the crime of selling goods with counterfeit registered trademarks. According to Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only 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 or selling illegally manufactured registered trademark marks. According to Article 215 of the Criminal Law, whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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.

Practical treatment mainly involves the identification of well-known trademarks, the collection of evidence of registered trademark infringement, the identification of infringement time and infringement impact,

Provisions on main design evidence in procedural law. Substantive law involves the following contents:

Trademark law and its implementing regulations, anti-unfair competition law, trademark review rules, interim provisions on the identification and management of well-known trademarks, provisions on the identification and protection of well-known trademarks, the Supreme People's Court's explanation on some issues concerning the application of law in the trial of trademark civil disputes, the Supreme People's Court's explanation on the jurisdiction and scope of applicable law in the trial of trademark cases,

There are mainly the above kinds.

Other judicial interpretations will be involved in the trial of the case, and you can go to the website of the State Property Bureau for search.