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.
(2) the crime of selling goods with counterfeit registered trademarks.
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.
(3) The crime of illegally manufacturing or selling illegally manufactured registered trademark marks.
According to Article 215 of the Criminal Law, whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, 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 seven years and shall also be fined.
(4) the crime of counterfeiting patents.
According to Article 216 of the Criminal Law, whoever imitates another person's patent, 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.
(5) Crime of copyright infringement.
According to the provisions of Article 217 of the Criminal Law, whoever commits one of the following acts of copyright infringement for the purpose of making profits, and the amount of illegal income is relatively large or there are other serious circumstances, 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 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 seven years and shall also be fined.
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer; (4) Making or selling works of art with forged signatures.
(6) Crime of selling infringing copies.
According to the provisions of Article 218 of the Criminal Law, anyone who knowingly sells infringing copies specified in Article 217 of this Law for the purpose of making profits, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
(7) Crime of infringing trade secrets.
According to Article 219 of the Criminal Law, anyone who infringes on business secrets and causes heavy losses to the owner of business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
1. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
2. Disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
3. To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or exposes other people's trade secrets shall be regarded as infringing on trade secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
(8) If a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other responsible personnel shall be punished in accordance with the provisions of this section. In addition, in practice, the crime of infringing intellectual property rights may be dealt with as follows:
Section 1 of Chapter III of the Specific Provisions of the Criminal Law 1 (Article 140- 150)? The crime of producing and selling fake and inferior commodities includes nine crimes, including producing and selling fake and inferior products, fake and inferior drugs, foods that do not meet the hygiene standards, toxic and harmful foods, medical devices that do not meet the standards, products that do not meet the safety standards, fake and inferior pesticides, veterinary drugs, fertilizers, seeds and cosmetics that do not meet the hygiene standards.
2. The crime of smuggling as stipulated in Articles 133 and 135 of the Criminal Law. (Article 19 of China's Customs Law stipulates that the infringing goods shall be confiscated by the customs according to law and fined if they are imported or exported; If a crime is constituted, criminal responsibility shall be investigated according to law. )
3. The crime of illegal business operation stipulated in Article 225th of the Criminal Law.
4. Related crimes also involve organized crime, terrorism crime, money laundering crime, etc.
In practice, serious infringement of intellectual property rights may rise to the field of criminal law and constitute a crime. Under different torts, the suspected criminal offence may be different, so the specific punishment will be different.