How long can a sentence be imposed for trademark infringement, and what is the criminal law?

where the circumstances of trademark infringement are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal analysis

where the circumstances of trademark infringement are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. According to the relevanceLaws and Regulations

It is stipulated that without the permission of the owner of the registered trademark, the use of a trademark identical to the registered trademark on the same goods or services, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges or manufactures another person's registered trademark logo without authorization, or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to up to three years imprisonment and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

counterfeiting another person's patent, where the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.

Legal basis

Criminal Law of the People's Republic of China

Article 213 [Crime of Counterfeiting Registered Trademarks] Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Article 214 [Crime of Selling Goods with Counterfeit Registered Trademarks] Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Article 215 [Crime of Illegally Manufacturing or Selling Illegally Manufactured Registered Trademark Logos] Whoever forges or manufactures the registered trademark logos of others without authorization or sells counterfeit or unauthorized registered trademark logos, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Trademark infringement is punishable by several years.

1) The crime of counterfeit registered trademarks.

According to Article 213 of the Criminal Law, whoever, with the permission of the owner of a registered trademark, uses a trademark that is similar to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. According to the judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate, the circumstances of "serious circumstances" include: (1) the amount of illegal business operations is more than 50,000 yuan or the amount of illegal gains is more than 30,000 yuan; (2) Fake two or more registered trademarks, the amount of illegal business is more than 30,000 yuan, or the amount of illegal income is more than 20,000 yuan; (3) Other circumstances where the circumstances are serious.

Circumstances with particularly serious circumstances include: (1) the amount of illegal business operations is more than 250,000 yuan or the amount of illegal gains is more than 150,000 yuan; (2) Fake two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan; (3) Other circumstances where the circumstances are particularly serious.

Trademark infringement may be suspected of the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing and selling illegally manufactured registered trademark logos, and the sentence is generally up to 3 years imprisonment. The Criminal Law clearly stipulates the sentencing standards for the crime of fraud, and the sentencing standards for the crime of fraud are based on the size of the amount of fraud to convict, sentenc, and execute, and if there is an act of voluntarily returning the victim's property before trial, the judge will quietly and at his discretion give him a lighter or commuted sentence, and if the amount is small and there is an act of returning the victim's property, the punishment may be waived as appropriate. At the same time, if there are circumstances such as voluntary surrender, meritorious service, or confession, the trial may be mitigated, commuted, or punished.

The maximum sentence is life imprisonment.

The crime of counterfeiting a registered trademark is the act of using a trademark identical to the registered trademark on the same goods without the permission of the registered trademark owner. You may not use a trademark that is identical or similar to a registered trademark of another person on the same or similar goods without permission.

Legal basis

Criminal Law of the People's Republic of China

Article 213 Counterfeiting of registered trademarks.

Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to up to three years imprisonment and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Article 214 Specifying the crime of selling goods with counterfeit registered trademarks.

Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Article 206: [Crime of Fraud] Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

The act of trademark infringement is suspected of constituting the crime of counterfeiting registered trademarks. The specific sentencing is: 1. Where the circumstances of returning to pickpocketing are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and this punishment or a fine is to be given; 2. where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

Criminal Law of the People's Republic of China Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the omitted registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

1. where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; 2. where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

6) Intentionally facilitating the infringement of others' exclusive right to use trademarks, and helping others to infringe on the exclusive right to use trademarks;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

Criminal Law of the People's Republic of China Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is to be between three and ten years imprisonment and a concurrent fine.

1. where the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; 2. where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of leniency or leniency; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Legal Analysis: A minimum sentence of one month of detention is imposed. 1. Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

2. Selling goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation for the remaining branches. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

A minimum sentence of one month's detention is imposed. 1. Without the permission of the owner of the registered trademark, using a trademark identical to the registered Xiangchong trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. 2. Selling goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Unauthorized use without the consent of the trademark owner is a crime of counterfeiting a registered trademark, and the Criminal Law has the following penalties:

Article 213 [Crime of Counterfeiting Registered Trademarks] Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.