Legal analysis: the crime of infringing intellectual property rights is not a separate crime, but a crime. Crimes of infringing intellectual property rights include: counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegally manufacturing and selling goods with registered trademarks, selling infringing copies, counterfeiting patents and infringing trade secrets. Most crimes, 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. For example, in the crime of counterfeiting a registered trademark, 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.
Legal basis: Article 213 of the Criminal Law of People's Republic of China (PRC) commits the crime of counterfeiting a registered trademark by using the same trademark on the same commodity without the permission of the registered trademark owner. If the circumstances are serious, he 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.
Article 2 14 of the Criminal Law of People's Republic of China (PRC) commits the crime of selling goods with counterfeit registered trademarks. 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 shall 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.