Legal analysis
Intellectual property protection generally refers to the ownership of intellectual labor results produced by human intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. It is generally considered to include copyright and industrial property rights. Copyright (copyright) refers to the general name of personal rights and property rights enjoyed by authors and other copyright owners in literary, artistic and scientific works according to law; Industrial property rights refer to the exclusive rights enjoyed by the obligee, including invention patents, utility model patents, design patents, trademarks, service marks, names of manufacturers, sources or countries of origin. It is illegal to infringe others' intellectual property rights without permission, and it needs to be punished accordingly. The crime of infringing intellectual property rights refers to the illegal use of intellectual property rights without the permission of intellectual property rights holders, which infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the amount of illegal income is large or the circumstances are serious.
legal ground
Criminal law of the people's Republic of China
Article 213 Whoever uses the same trademark as its registered trademark on the same commodity or service 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 and shall also, or shall 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 ten years and shall also be fined.
Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.