Question: What is the punishment for producing and selling counterfeit medicines that impersonate the trademarks of well-known manufacturers? The counterfeit medicines produced are shoddy products. The act of producing and selling counterfeit medicines simultaneously violates the crime of producing and selling counterfeit and inferior products, the crime of counterfeiting registered trademarks and the crime of illegal business operations. How should the crimes be applied?
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The penalty provisions for the crime of counterfeiting a registered trademark:
Without the permission of the owner of the registered trademark, using the same product under the same category If a product uses a trademark that is the same as its registered trademark and falls under any of the following circumstances, it falls under the "serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also be sentenced to: Or a single fine:
(1) The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks , the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;
(3) Other serious circumstances. Anyone who has any of the following circumstances is considered to be a "particularly serious case" as stipulated in Article 213 of the Criminal Law and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting a registered trademark:
(1) The illegal business amount is more than 250,000 yuan or the illegal income amount is more than 150,000 yuan;
(2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan The amount of illegal income exceeds RMB 100,000;
(3) Other particularly serious circumstances. Article 8 and "Identical trademark" as stipulated in Article 213 of the Criminal Law refers to an identical trademark to the counterfeited registered trademark, or is basically visually indistinguishable from the counterfeited registered trademark and is sufficient to mislead the public. 's trademark. "Use" as stipulated in Article 213 of the Criminal Law refers to the use of a registered trademark or a counterfeit registered trademark on goods, commodity packaging or containers, product instructions, and commodity transaction documents, or the use of a registered trademark or a counterfeit registered trademark. In advertising, exhibitions and other commercial activities. Article 13. Anyone who commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods with the counterfeit registered trademark, which constitutes a crime, shall be punished with the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law. Conviction and punishment. Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods that are knowingly owned by others with counterfeit registered trademarks, which constitutes a crime, shall be punished for several crimes together. Article 220. If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be fined in accordance with this section. Penalties specified in each section.