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The charges involved in intellectual property criminal offenses
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Article 213: [Crime of Counterfeiting Registered Trademarks] Whoever uses a trademark that is identical to the registered trademark on the same goods or services without the permission of the registered trademark owner, and 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 particularly serious, the offender 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: [Crime of Selling Goods with Counterfeit Registered Trademarks] Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall be fined concurrently or separately; If the amount of illegal gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.

Article 215: [Crime of Illegally Manufacturing and Selling Illegally Manufactured Registered Trademark Marks] Whoever forges or manufactures without authorization the registered trademark marks of others, or sells forged or manufactured registered trademark marks, 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 particularly serious, the offender 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 216: 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 only be fined.

Article 217: [Crime of Infringement of Copyright] Whoever, for the purpose of profit, commits any of the following acts of infringement of copyright or rights related to copyright, and the amount of illegal gains 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 gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined:

(1) Copying, distributing, or disseminating to the public through information networks their written works, music, art, audiovisual works, computer software, and other works as stipulated by laws and administrative regulations without the permission of the copyright owner;

(2) Publishing books that others have exclusive publishing rights to;

(3) Copying, distributing, or disseminating the audio or video recordings made by the producer to the public through information networks without their permission;

(4) Copying and distributing audio and video recordings of performances without the performer's permission, or disseminating their performances to the public through information networks;

(5) Producing or selling art works with counterfeit signatures of others;

(6) Intentionally avoiding or damaging the technical measures taken by the rights holder to protect the copyright or related rights of their works, audio and video recordings, etc. without the permission of the copyright owner or the rights holder related to the copyright.

Article 218: [Crime of Selling Infringing Copies] Whoever, for the purpose of profit, knowingly sells infringing copies as defined in Article 217 of this Law, and the amount of illegal gains is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also or only be fined.

Article 219: Whoever commits any of the following acts of infringing on trade secrets, 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 particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined:

(1) Obtaining the trade secrets of the rights holder through theft, bribery, fraud, coercion, electronic intrusion, or other improper means;

(2) Disclosing, using, or allowing others to use the trade secrets of the rights holder obtained through the aforementioned means;

(3) Disclosing, using, or allowing others to use the trade secrets they possess in violation of confidentiality obligations or the requirements of the rights holder regarding the protection of trade secrets.

Knowing the acts listed in the preceding paragraph, obtaining, disclosing, using or allowing others to use the trade secret shall be deemed as infringing on the trade secret.

The right holder referred to in this article refers to the owner of the trade secret and the authorized user of the trade secret with the permission of the trade secret owner.

Article 219-1: Whoever steals, spies, buys, or illegally provides trade secrets for overseas institutions, organizations, or personnel shall be sentenced to fixed-term imprisonment of not more than five years and shall also or shall only be fined; Those with serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years and fined.


  Oct.19.2024    264

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