Legal analysis: The Civil Code contains provisions on intellectual property rights, which are the exclusive rights enjoyed by the obligee to the objects of works, inventions and trademarks according to law. Whoever uses a trademark identical to its registered trademark on the same commodity 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 or criminal detention 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. 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. Whoever commits 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 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. Whoever counterfeits 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 shall only, be fined.
Legal basis: Article 123 of the Civil Law of People's Republic of China (PRC), in which civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights, works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout-designs of integrated circuits, new plant varieties and other objects stipulated by law.