What are the sentencing standards for intellectual property infringement crimes?
"Criminal Law" Article 213【 Crime of counterfeiting a registered trademark] Using a trademark identical to the registered trademark on the same kind of goods 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 or criminal detention, and shall also or solely be punished with a fine; if 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 shall also be fined.
Article 214 [Sales of counterfeit goods Whoever knowingly sells goods with counterfeit 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 [Illegal manufacturing , Selling Illegally Manufactured Registered Trademarks] Forgery, unauthorized manufacture of registered trademarks of others, or sale of forged or unauthorized registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, 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, and shall also be fined.
The second hundredArticle 16 [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] Anyone who commits one of the following copyright infringement situations for the purpose of profit, and the amount of illegal gains is relatively large, or there are other serious circumstances, 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 amount of illegal gains 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 seven years, and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, computers without the permission of the copyright owner Software and other works;
(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;
(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 [Crime of infringement of trade secrets] If one of the following acts of infringement of trade secrets occurs, the right holder of the trade secret shall be punished Those who cause heavy losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, they 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) Obtaining the rights holder’s business through theft, inducement, coercion or other unfair means Secret;(2) Disclosure, use or Allowing others to use the right holder’s trade secrets obtained through the previous means;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph obtains, uses or discloses the trade secrets of others in order to infringe the commercial Theory of secrecy.
The trade secrets referred to in this article are Refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
Article 220 [Penalty Provisions for Units Committing Crimes of Intellectual Property Infringement] If a unit commits the crime of infringement of intellectual property rights, this section For crimes stipulated in Articles 213 to 219, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.
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