Criminal Law Provisions and Judicial Interpretations of the Crime of Selling Commodities with Counterfeiting Registered Trademarks Basic Provisions of the Criminal Law Article 214 The Crime of Selling Commodities with Counterfeiting Registered Trademarks The crime of selling commodities with counterfeit registered trademarks, the sales amount If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined. The Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" (Excerpt) (Gongtongzi [2010] No. 23, May 7, 2010) Article 70 [Sales of counterfeit registrations Trademarked Goods Case (Criminal Law Article 214)] Anyone who knowingly sells goods that are counterfeit registered trademarks and is suspected of one of the following circumstances shall be prosecuted: (1) The sales amount is more than 50,000 yuan; (2) ) has not yet been sold, and the value of the goods is more than 150,000 yuan; (3) The sales amount is less than 50,000 yuan, but the total value of the sales and unsold goods is more than 150,000 yuan. Article 89 For preliminary offenders, attempted offenders and suspended offenders who need to be held criminally responsible, the case shall be filed for prosecution. Article 90 The standards for case filing and prosecution in these regulations shall apply to corresponding unit crimes, unless otherwise provided in laws, judicial interpretations, or these regulations. Article 91 “Above” in these regulations includes the original number. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" (Excerpt) (Fa Interpretation [2004] No. 19, December 22, 2004) Article 2 Selling knowingly counterfeit registered trademarks If the sales amount of goods is more than 50,000 yuan, which falls into the category of "relatively large amount" as stipulated in Article 214 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be sentenced to or Single penalty. If the sales amount exceeds 250,000 yuan, it falls into the category of "huge amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of selling goods with counterfeit registered trademarks. Article 9 The "sales amount" stipulated in Article 214 of the Criminal Law refers to all illegal income earned and due from the sale of goods with counterfeit registered trademarks. Anyone who has any of the following circumstances shall be deemed to be "knowingly" as stipulated in Article 214 of the Criminal Law: (1) Knowing that the registered trademark on the goods he sells has been altered, exchanged or covered; (2) Due to sales Products that counterfeit registered trademarks have been subject to administrative penalties or civil liability, and sell the same kind of products that counterfeit registered trademarks; (3) Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered; (4) Other situations where one knows or should know that the goods are counterfeit registered trademarks. Article 15 When a unit commits acts stipulated in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced three times the standard for conviction and sentencing of the corresponding individual crime stipulated in this Interpretation. Article 16 Whoever knowingly provides others with loans, funds, account numbers, invoices, certificates, licenses, production or business premises, transportation, storage, import and export agency, etc., while knowingly committing crimes of infringement of intellectual property rights, shall Punished as criminals who commit intellectual property infringement crimes. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases concerning the Illegal Production and Sale of Tobacco Monopoly Products" (Excerpt) (Fa Interpretation [2010] No. 7, March 26, 2010) Article 1 ( Paragraph 3) Anyone who knowingly sells cigarettes, cigars and other tobacco specialty products that are counterfeiting the registered trademarks of others, and the sales amount is relatively large, shall be convicted and punished for the crime of selling goods with counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law. Article 5 If an actor commits the crime of illegally producing and selling tobacco monopoly products, which simultaneously constitutes the crime of producing and selling counterfeit and inferior products, the crime of infringing on intellectual property rights, and the crime of illegal business operations, he shall be convicted and punished in accordance with the provisions on heavier penalties.

Article 6 Knowingly knowing that others have committed the crimes listed in Article 1 of this Interpretation, providing them with loans, funds, account numbers, invoices, certificates, licenses, or providing production, business premises, equipment, transportation, warehousing, custody, mailing, agency Those who provide convenient conditions such as entry and exit, or provide production technology or cigarette formulas, shall be held criminally responsible as criminals. Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Excerpt) (Fafa [2011] No. 3, January 10, 2011) 1. Regarding the sale of counterfeit registered trademarks Conviction and sentencing issues in cases of commodity crime that have not yet been sold or partially sold. If you knowingly sell goods that are counterfeit registered trademarks and meet any of the following circumstances, you will be punished for selling goods with counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law. Punishment for conviction (attempted): (1) The goods counterfeiting the registered trademark have not yet been sold, and the value of the goods is more than 150,000 yuan; (2) The goods counterfeiting the registered trademark are partially sold, and the sales amount is less than 50,000 yuan, but the value of the goods is less than 50,000 yuan. The total value of unsold goods with counterfeit registered trademarks exceeds 150,000 yuan. If the goods counterfeiting registered trademarks have not yet been sold, and the value of the goods is more than 150,000 yuan, less than 250,000 yuan, or more than 250,000 yuan, they shall be convicted in accordance with the statutory sentencing ranges stipulated in Article 214 of the Criminal Law. punishment. If the amount of sales and the value of unsold goods respectively reach different statutory penalty ranges or both reach the same statutory penalty range, a heavier punishment shall be imposed where appropriate within the statutory penalty range which imposes a heavier penalty or within the same statutory penalty range. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Tobacco Monopoly Administration "Minutes of the Symposium on Applicable Legal Issues in Handling Criminal Cases of Counterfeit and Inferior Tobacco Products" (High-Tech Inspection Commission [2003] No. 4, December 23, 2003) 2. Regarding the "knowingly" issue in selling tobacco products with counterfeit registered cigarette trademarks, according to the provisions of Article 214 of the Criminal Law, selling tobacco products with knowingly counterfeit registered cigarette trademarks, and the sales amount is relatively large, constitutes The crime of selling goods with counterfeit registered trademarks. "Knowingly" means knowing or should know. Anyone who has one of the following circumstances can be deemed to be "knowingly": 1. Purchasing goods at a price that is significantly lower than the market price; 2. Selling at a price that is significantly lower than the market price; 3. Selling tobacco products with counterfeit registered trademarks after being discovered Transferring or destroying physical evidence or providing false certificates or false information; 4. Other circumstances that can be determined as knowing knowledge. 3. Regarding the issue of rape offenders, those who know or should know that others have committed the criminal acts stipulated in Articles 1 to 3 of this "Minute" but still commit one of the following acts shall be deemed as rape offenders and be held criminally responsible in accordance with the law. : 1. Directly participate in the production and sale of counterfeit and shoddy tobacco products or sell counterfeit tobacco products with registered trademarks, or directly participate in the illegal operation of tobacco products and play a major role in it; 2. Provide houses, venues, equipment, vehicles, loans, Funds, account numbers, invoices, certificates, technology and other facilities and conditions are used to help produce, sell, store, transport counterfeit and shoddy tobacco products, and illegally operate tobacco products; 3. Transport counterfeit and shoddy tobacco products. If any of the above-mentioned persons report others' crimes and are verified to be true, or provide important clues, and have performed meritorious services, they may be given a lighter or reduced punishment; if they have performed major meritorious services, they may be given a lighter punishment or be exempted from punishment. 4. The issue of punishment for state agency staff who participate in the implementation of criminal acts stipulated in Articles 1 to 3 of this "Minutes" is based on the "Several Issues on the Specific Application of Laws in Handling Criminal Cases of the Production and Sale of Counterfeit and Substandard Products" by the Supreme People's Court and the Supreme People's Procuratorate. According to the provisions of the Interpretation, state agency staff who participate in the commission of criminal acts stipulated in Articles 1 to 3 of this "Minutes" shall be severely punished. "Trademark Law of the People's Republic of China (2001 Amendment)" (Excerpt) (March 1, 1983) Article 59 (Paragraph 3) Whoever knowingly sells goods that are counterfeit registered trademarks shall constitute a crime, In addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.