The maximum sentence for intellectual property infringement is several years
If the circumstances are particularly 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.
"Criminal Law"
Article 213 [Crime of Counterfeiting Registered Trademarks] Unregistered Trademarks Anyone who uses the same trademark as his registered trademark on the same kind of goods with the permission of the owner, 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 solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. imprisonment, and a fine.
Article 214 [Sales of counterfeit goods Crime of Commodities with Registered Trademarks] Whoever knowingly sells goods that are counterfeiting registered trademarks, and the sales amount is relatively large, 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 sales amount is huge, 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.
Article 215【 Whoever commits the crime of illegally manufacturing or selling illegally manufactured registered trademarks shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or sentenced to a single sentence. A fine; if the circumstances are particularly 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.
Article 216 [Crime of Counterfeiting Patent] Whoever counterfeits the patent of others, 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 solely be fined.
Article 217 [Crime of Copyright Infringement] For the purpose of making profits, if one of the following copyright infringement circumstances occurs, and the amount of illegal gains is relatively large or there are other serious circumstances, 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 amount of illegal gains is huge or there are other particularly serious circumstances: If the circumstances are 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:
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings without the permission of the audio and video producers of;
(4) Producing and selling works of art that counterfeit the signature of others.
Article 218 [Sales Infringement Crime of Replicas] Whoever knowingly sells infringing replicas as stipulated in Article 217 of this Law for the purpose of profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Article 219 [Infringement of Commerce Crime of secrets] Whoever commits one of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, 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 consequences are particularly serious, he shall be sentenced to not less than three years and seven years Imprisonment of not more than 1 year and a fine:
( 1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession Trade secrets.
Knowing or should have known about the acts listed in the preceding paragraph, Obtaining, using or disclosing other people's trade secrets shall be considered as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public and can bring benefits to the right holder Economic interests, technical information and business information that are practical and the right holder has taken confidentiality measures.
The right holder mentioned in this article refers to the business secret The owner of the trade secret and the trade secret user with the permission of the trade secret owner.
Article 220 [Infringement committed by the unit [Penalty Provisions on Intellectual Property Crimes] 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. Penalties shall be imposed in accordance with the provisions of each section of this section.
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