Among the crimes of infringing intellectual property rights stipulated in the specific provisions of 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. Article 127 of the original criminal law stipulated the crime of counterfeiting trademarks. At that time, the crime of counterfeiting trademarks in China was not serious and rarely applied. Market economy has developed to this day, counterfeiting registered trademarks of others. Seeking illegal interests is becoming more and more serious. Counterfeit brand-name products hit the market, causing people's dissatisfaction. In order to severely punish the illegal and criminal activities of counterfeiting registered trademarks, stop trademark infringement and promote the development of commodity quality, the Seventh the National People's Congress Standing Committee (NPCSC) promulgated the Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks in February 1993, which made important amendments to the provisions of the crime of counterfeiting registered trademarks stipulated in Article 127 of the former Criminal Law and added two new charges. When the criminal law is revised, it is all incorporated into the criminal law.

legal ground

Article 67 of the Trademark Law of People's Republic of China (PRC) * * * If a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed party for the losses. 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. Article 213 of the Criminal Law of People's Republic of China (PRC) uses the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner. If the circumstances are serious, he 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.