The crime of forging trademarks refers to the act of manufacturing and selling forged trademarks by illegal means, which infringes on the exclusive right of others to use trademarks. According to Article 132 of the Criminal Law, whoever forges or buys a forged registered trademark logo, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are 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. In reality, the sentence of the crime of counterfeiting trademarks also depends on the specific circumstances and the defendant's attitude of pleading guilty. For example, the trademark involved is a particularly important national cultural relic or precious historical and cultural heritage, and the sentence is likely to be heavier.
Besides the crime of counterfeiting trademarks, what other crimes of infringing intellectual property rights are there? In addition to the crime of forging trademarks, there are also crimes of infringement, piracy, patent infringement and copyright infringement.
Infringement of intellectual property rights is a very serious act, especially in the commercial field. The crime of counterfeiting trademarks is one of them. Depending on the seriousness of the case, the term of imprisonment may be less than one year to seven years, and other penalties such as fines will be imposed. It is suggested that enterprises should strengthen the awareness and capacity building of intellectual property protection and improve the legal literacy of employees.
Legal basis:
Article 132 of the Criminal Law of People's Republic of China (PRC), whoever forges or buys forged registered trademark marks, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are 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.