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Provisions on standards for the crime of counterfeiting registered trademarks registration

To safeguard the order of the Socialist market economy and the people's legitimate rights and interests, in accordance with the People's Republic of China criminal code and the People's Republic of China criminal law, the People's Republic of China trademark law, the national people's Congress on punishing crimes of counterfeiting registered trademarks of supplementary provisions and other legal provisions, these provisions are formulated.
    , producers and sellers violates trademark law, regulations, counterfeit registered trademarks, up to this criterion, should be held criminally responsible.

     II, with counterfeit registered trademarks, illegal income (that is, sales revenues, the same below) amounted to one of the following standards shall be filed:
     (a) without permission from the owner of a registered trademark, the same kind of commodities on the same trademark as their trademark, amount of illegal income of more than 20,000 yuan;
  &Nbsp;   (b) he knows bear a counterfeited registered trademark goods on sale, amount of illegal income of more than 20,000 yuan;
     (c) forgery, unauthorized manufacture other registered trademarks or sale of counterfeit, or made without authorization of the registered trademark, amount of illegal income of more than 10,000 yuan.
     with the crime of counterfeiting the registered trademark who conspires to provide manufacturing, sales, use, warehousing, transportation, mailing, concealing, accessibility to counterfeit registered trademarks of accomplice liability.

     III, of counterfeiting the registered trademark, has one of the following circumstances, considered the circumstances are serious, shall be filed:
     (a) with the provisions of article II, paragraph (a) of the acts listed in, illegal turnover of more than 100,000 yuan;
     (B) the provisions of article II, paragraph (c) of the acts listed in, counterfeit, unauthorized manufacture registered trademark of others, or sell counterfeit, or made without authorization of the registered trademark is to identify the 20,000 pieces (sets) above.

     four, of counterfeiting the registered trademark, though do not meet article II, paragraph (a), (c) or criteria set out in article, but any of the following circumstances, also considered the circumstances are serious, shall be filed:
     (a) counterfeit registered trademarks, industrial and commercial administrative departments administrative penalties of counterfeiting the registered trademark of twice; < BR/>     (ii) counterfeiting the registered trademark of pharmaceuticals for human use;
     (c) the use of bribery and other illegal means to sell counterfeit goods, counterfeit, unauthorized manufacture of registered trademark of others;
     (d) the adverse social impact of counterfeiting the registered trademark And international influence.

     five, enterprises or institutions have behavior up to the standards for dier、San、sitiao registration of the above, the people's Procuratorate shall be filed, criminal responsibility shall be investigated according to law.

     six, with the production and sale of fake or substandard commodities crime has directly linked to cases of counterfeiting the registered trademark, filed for investigation by procuratorial organs. Prosecution authority deems it necessary to directly accept the production and sale of fake or substandard commodities cases of crime or investigation itself.

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