How does the law provide for liability for trademark infringement
Using on the same product without the permission of the trademark registrant If a trademark that is identical to its Registered trademark constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.
Forgery, unauthorized production of other people’s registered trademarks or sales of counterfeit , If a registered trademark sign is manufactured without authorization and constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be investigated in accordance with the law.
Selling goods that are knowingly counterfeit registered trademarks constitutes a crime , in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.
《Criminal Law of the People's Republic of China》200 Article 13 [Crime of Counterfeiting Registered Trademarks] WithoutIf the registered trademark owner permits the use of the same trademark on the same kind of goods, and 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 solely be fined; if the circumstances are particularly serious, he shall be sentenced to not less than three years and seven years. The following shall be punishable by fixed-term imprisonment and a fine.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" December 22, 2004
Article 1: Using a trademark that is the same as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark falls under the following circumstances: 1. If the circumstances are “serious” as stipulated in Article 213 of the Criminal Law, the person 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 fined or shall be fined alone:
(1) The amount of illegal business is more than 50,000 yuan or the amount of illegal income 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 shall fall under the second category of the Criminal Law Article 113: "The circumstances are particularly serious" 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 counterfeiting registered trademarks:
(1) The illegal business amount exceeds 250,000 yuan or the illegal income amount exceeds 15 More than 10,000 yuan;
(2) Two types of counterfeiting For the above registered trademarks, the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;
(3) Other particularly serious circumstances.
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