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Criminal Law of the People's Republic of China
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Criminal Law of the People's Republic of
China
Updated: 2020-12-26
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Section 7
Crimes of Infringing on Intellectual Property Rights
Article 213 Whoever, without permission of the right holder of a registered trademark, uses a
trademark representation which is identical with the registered trademark on the same kind of
commodities or services, if the circumstances are serious, shall be sentenced to fixed-term
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imprisonment of not more than 3 years, and concurrently, a fine, or shall be sentenced to a fine only.
If the circumstances are especially serious, the offender shall be sentenced to fixed-term
imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine.
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Article 214 Whoever knowingly sells counterfeit commodities bearing another’s registered
trademark, if 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 3 years, and concurrently, a fine, or
shall be sentenced to a fine only. If the amount of illegal gains is large, or there are other
especially serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not
less than 3 years but not more than 10 years, and concurrently, a fine.
Article 215 Whoever forges, or makes without authorization of the right holder, representations of
a registered trademark, or sells such representations, if the circumstances are serious, shall be
sentenced to fixed-term imprisonment of not more than 3 years, and concurrently, a fine, or shall be
sentenced to a fine only. If the circumstances are especially serious, the offender shall be sentenced
to fixed-term imprisonment of not less than 3 years but not more than 10 years, and concurrently, a
fine.
Article 216 Whoever uses the patent of another without authorization, if the circumstances are
serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term
custody, and concurrently, a fine, or shall be sentenced to a fine only.
Article 217 Whoever, for the purpose of making profits, commits any of the following acts infringing
on copyrights or copyright-related rights, if 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
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