Interpretation This article is about the punishment provisions for dereliction of duty, accepting the property of the parties and other acts of state organs engaged in trademark registration, management and review.
1. State functionaries engaged in trademark registration, administration and review shall perform their duties according to law. State functionaries engaged in trademark registration, management and review are responsible for trademark registration, management and review according to law, and must enforce the law impartially, be honest and self-disciplined, be loyal to their duties and serve in a civilized manner. However, in actual work, people who are engaged in trademark registration, management and review will inevitably perform their duties illegally. These behaviors mainly include: 1. Dereliction of duty means that the staff of state organs engaged in trademark registration, management and review fail to perform, improperly perform or give up their duties, and illegally handle trademark registration, management and review matters; 2. Abuse of power means that the staff of state organs engaged in trademark registration, management and review abuse their powers or exceed their powers in violation of their duties, powers and procedures prescribed by law, and illegally handle trademark registration, management and review; 3. Engaging in malpractices for selfish ends means that the staff of state organs engaged in trademark registration, management and review neglect their duties and abuse their powers for personal gain or the affair of relatives and friends, and illegally handle trademark registration, management and review; 4. Accepting the property of the parties refers to the behavior of the staff of state organs engaged in trademark registration, management and review to take advantage of their work to collect the property given by the parties. 5. Seeking illegitimate interests refers to the behavior of the staff of state organs engaged in trademark registration, management and review, taking advantage of their powers or working convenience, accepting kickbacks and handling fees, and arranging their children to go to school, get employment and obtain other illegal interests in violation of regulations.
2. According to the relevant provisions of the Criminal Law, the acts of state functionaries engaged in trademark registration, management and review, such as dereliction of duty, abuse of power, favoritism, illegal handling of trademark registration, management and review, accepting property from the parties concerned and seeking illegitimate interests, may constitute the following crimes: 1. Abuse of power and dereliction of duty. According to the provisions of Article 397 of the Criminal Law, if a functionary of a state organ engaged in trademark registration, administration and reexamination abuses his power or neglects his duty, thus causing heavy losses to public property, the state and people's interests, it constitutes a crime of abuse of power or dereliction of duty. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. 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. Any functionary of a state organ engaged in trademark registration, administration and reexamination who engages in malpractices for personal gain and commits the above crimes shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. 2. The crime of accepting bribes. According to the provisions of Article 385 of the Criminal Law, it is a crime of accepting bribes for the staff of state organs engaged in trademark registration, management and review to take advantage of their positions to illegally accept other people's property and seek benefits for others. Whoever commits the crime of accepting bribes shall be punished in accordance with the following provisions according to the seriousness of the case: (1) An individual who accepts bribes of more than 1, yuan shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and his property may also be confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated. (2) Individuals who accept bribes of more than 5, yuan but less than 1, yuan shall be sentenced to fixed-term imprisonment of more than five years, and their property may also be confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property. (3) Individuals who accept bribes of more than 5, yuan but less than 5, yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years but not more than ten years. If an individual accepts bribes of more than 5, yuan but less than 1, yuan, and repents after committing a crime and actively returns the stolen goods, the punishment may be mitigated or exempted from criminal punishment. (4) If the amount of bribes received by an individual is less than 5, yuan, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. (5) Those who accept bribes for many times without treatment shall be punished according to the accumulated amount of bribes.
iii. the administrative responsibility of the staff of state organs engaged in trademark registration, management and review for dereliction of duty, abuse of power, favoritism, illegal handling of trademark registration, management and review, accepting the property of the parties concerned and seeking illegitimate interests. State functionaries engaged in trademark registration, administration and reexamination shall be given administrative sanctions according to law, although the acts specified in this article are obviously minor and harmless, and if they do not constitute a crime according to the relevant provisions of the Criminal Law. Administrative sanction refers to a kind of sanction given by the state organs according to the provisions of laws and administrative regulations and according to the administrative subordination. Administrative sanctions mainly include warning, demerit recording, gross demerit recording, demotion, demotion, dismissal, probation and expulsion. The staff of state organs engaged in trademark registration, management and review with the above-mentioned illegal acts may be given corresponding administrative sanctions by their units or their superior units or supervisory departments according to the seriousness of the case.