If the circumstances are serious, they shall also bear criminal responsibility. China's criminal law has special provisions on intellectual property crimes.
According to Article 213 of the Criminal Law, anyone who uses the same trademark on the same commodity 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 only be fined; If the circumstances are especially 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. ?
According to Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, 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. ?
Extended data:
Case: The fraudulent use of other people's trademarks was investigated for "playing smart" in exchange for a large ticket.
In order to sell his products as soon as possible, a self-employed household in Shihezi, Xinjiang, was smart enough to use a well-known trademark similar to the goods he sold as a cover without authorization, making a big publicity and misleading consumers to buy. On April 7, 20 14, the reporter learned from the industrial and commercial bureau of Shihezi city, Xinjiang that the Xin' an industrial and commercial branch of the Xiayedi branch of the bureau investigated and dealt with this false propaganda case of misleading goods with advertisements.
It is understood that self-employed Shen bought the "Gree" brand range hood produced by Shenzhen Gree Star Small Household Appliances Co., Ltd. (hereinafter referred to as Gree Star Company) from Urumqi and sold it in this area.
In order to expand sales, Shen made use of the popularity of Gree electric appliances of Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as Zhuhai Gree Company) to make billboards and leaflets of Gree electric appliances being sold in his store, and marked the price tag of Gree electric appliances produced by Gree Star Company as Gree.
Through the above methods, people mistakenly think that the manufacturer of "Gree" brand electrical appliances distributed by this store is Zhuhai Gree Company. After being reported by consumers, the Industrial and Commercial Bureau verified this and found that the store had never distributed Gree Electric of Zhuhai Gree Company, and Gree Electric had nothing to do with Gree brand appliances.
After careful investigation and evidence collection, the industrial and commercial department concluded that Shen's false propaganda violated the provisions of the first paragraph of Article 9 of People's Republic of China (PRC)'s Anti-Unfair Competition Law, and belonged to misleading false propaganda by means of advertising.
According to the first paragraph of Article 24 of People's Republic of China (PRC) Anti-Unfair Competition Law, the branch has ordered the parties concerned to stop the illegal act, eliminate the impact and impose a fine.
At this point, Shen's self-righteous cleverness earned him a ticket of ten thousand yuan, and he really regretted it.
References:
People's Network-A big ticket for being found "smart" for using someone else's trademark.