What is the crime of counterfeiting registered trademarks, and what are the penalties for the crime of counterfeiting registered trademarks?
The crime of counterfeiting registered trademarks refers to the behavior A person uses the same trademark registered by others on the same goods without the permission of the registered trademark owner, and the circumstances are serious.
Whoever uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, 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; in special circumstances If serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Punitive measures for the crime of counterfeiting registered trademarks
According to the "Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies by the Supreme People's Procuratorate and the Ministry of Public Security"Provision (2)" Article 69 [Counterfeiting Registered Trademark Case (Criminal Law Article 213)], without the permission of the owner of the registered trademark, using the same trademark as the registered trademark on the same kind of goods is suspected of the following In one of the circumstances, a case should be filed for prosecution:
(1) The amount of illegal business operations 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.
"Criminal Law" Article 213 [Crime of counterfeiting registered trademarks] Using a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, 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, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
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