1. Whoever uses the same trademark as its registered trademark on the same commodity or service 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 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 ten years and shall also be fined.
2. Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
3. Forge or make a registered trademark logo of others without authorization, or sell a forged or made registered trademark logo without authorization. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.
4. Whoever counterfeits another person's patent, 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.
5. Whoever, for the purpose of making profits, commits one of the following acts of infringing on copyright or rights related to copyright, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;
(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;
(five) the production and sale of counterfeit works of art;
(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.
6. Whoever, for the purpose of making profits, knowingly sells infringing copies of the above provisions, and the amount of illegal income is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined.
legal ground
Article 213 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of counterfeiting a registered trademark stipulates that: if a trademark identical to its registered trademark is used on the same commodity or service without the permission of the registered trademark owner, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.
Article 214th of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
Article 215 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of illegally manufacturing and selling illegally manufactured registered trademark marks: if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.
Article 216 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever imitates another person's patent, 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.
Article 217 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who, for the purpose of making profits, infringes upon copyright or copyright-related rights shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined under any of the following circumstances, if the amount of illegal gains is relatively large or there are other serious circumstances; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;
(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;
(five) the production and sale of counterfeit works of art;
(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.
Article 218 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who knowingly sells infringing copies specified in Article 217 of this Law for profit, and the illegal gains are huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined.