According to Article 213 of the Criminal Law of the People's Republic of China*** and the State of China, if a person, without the permission of the owner of a registered trademark, uses a trademark identical to his registered trademark on the same kind of goods under serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be sentenced to or be singly punished by a fine; and if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be punished by a fine.
Article 214: Whoever sells goods which he knows to be counterfeit registered trademarks, and the sales amount is larger, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or singly; and whoever sells a huge sales amount shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be fined concurrently.
Article 215: Counterfeiting, unauthorized manufacture of other people's registered trademark mark or sales of counterfeit, unauthorized manufacture of registered trademark mark, the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and or a single fine; the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be punished with a fine.
According to Article 67 of the Trademark Law of the People's Republic of China, if the use of a trademark that is identical to its registered trademark on the same goods without the permission of the trademark registrant constitutes a crime, in addition to compensating for the loss of the infringed person, the person shall be held criminally liable according to law.
Forgery, unauthorized manufacture of another person's registered trademark mark or the sale of forgery, unauthorized manufacture of registered trademark mark, constitutes a crime, in addition to compensation for the losses of the infringer, shall be held criminally liable in accordance with the law.
Selling goods that are known to be counterfeit registered trademarks constitutes a crime, and in addition to compensating the infringer for the loss, criminal liability shall be investigated according to law.
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Case: Alleged trademark infringement? A Counterfeit Brand Powder Manufacturer Seized in Nanning
On the morning of May 11, a manufacturer of counterfeit Dutch "Windmill" brand powder located in the South Road of Beijie was seized by the law enforcement officers of Nanning City AIC. At the scene, there were as many as three versions of the fake packaging. The law enforcement officers were also shocked to see that ordinary powder, a filling machine and a weighing scale constituted an "import enterprise".
The area of the factory of the counterfeit Dutch windmill brand powder is not large, and the warehouse and the production room are together. The on-site enforcement was carried out by the staff of the Shanghai organization of the Dutch Windmill brand to identify the fake products and cooperate with the investigation of the Nanning AIC Economic Inspection Detachment.
Recognized, the warehouse stacked goods are fake. Dutch windmill brand Shanghai agency staff said, the more obvious difference in, after August 2015, the Dutch windmill brand of raw flour are labeled with QR code, and these fake goods have not been the outer packaging.
In addition, the bag on the trademark pattern windmill design is also different. The genuine windmill wind blade is 4 pieces, while the fake is 5 pieces. Dutch windmill brand originated in 1867, the fake design into the word 1987. Some fakes in order to fake the real, but also the genuine packaging design directly "clone". In the scene, law enforcement officers found "ugly goods" packaging has three versions of as many.
Law enforcement officials found that there was also a filling machine and a weighing scale at the scene, with unfilled powder on the filling machine and the weighing scale energized. Some of the bags that were too late to fill the powder were put aside.
While the machine did not start, but through these items, the law enforcement officers of the manufacturer of the general "production" process also understand - manufacturers from the market to buy back the powder, and then filled into the bag, over the scale. In this way, a counterfeit imported brand of raw meal "concocted" out. Since it is a fake, not enough scale is also understandable, the scene of a packet of 25 kilograms of raw meal, the actual only 20 kilograms.
It is understood that the manufacturer registered in February 2015, the existence of more than two years,hollister, the Dutch windmill brand Shanghai organization's staff said they have only recently received a number of business reports.
The person in charge of the manufacturer suggested that he also has ownership of two trademarks, and even a certificate of registration of windmill graphic works issued by the State Copyright Bureau. After law enforcement officers to check, the trademark registration certificate but: Guitai windmill and Guitai.
Doing tricks on the bag, the front part with their own trademarks, but the back said the origin of the Netherlands, with the company address of others, these are counterfeit products, but also suspected of infringing on the trademark rights of others. Law enforcement officials explained, "a common understanding is 'evening famous brand', infringement of more than the use of high imitation, or similar trademarks."
For the manufacturers of the National Copyright Bureau issued by the "windmill" graphic works registration certificate, law enforcement officials believe that this is only a design pattern recognition, and does not represent the State Administration for Industry and Commerce of the registered trademark rights.
On the same day, the Nanning Municipal Bureau of Industry and Commerce by the inspection detachment of the deputy head of the He Changxi introduction, the inventory, the suspected infringement of the bag of raw flour about 290 packages. According to the Trademark Law, the relevant regulations, the illegal business amount of more than 50,000 yuan, can be imposed on the illegal business amount of less than five times the fine, there is no illegal business amount or less than 50,000 yuan, can be imposed on the fine of less than 250,000 yuan.
People's Daily Online-Suspected of trademark infringement, a manufacturer of counterfeit branded raw flour in Nanning was seized