2024/9/2 凌晨12:25 Criminal Law of the People's Republic of China 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 fixedterm imprisonment of not less than 3 years but not more than 10 years, and concurrently, a fine: (1) reproducing, distributing, or disseminating to the public through information network the written works, music, works of fine arts, audiovisual works, computer software, or other works prescribed by laws or administrative regulations, without permission of the copyright owner; (2) publishing a book of which the exclusive right of publication is enjoyed by another; (3) reproducing, distributing, or disseminating to the public through information network a sound or video recording, without permission of the producer; (4) reproducing or distributing sound or video recordings of a performance or making the performance available to the public through information network, without permission of the performer; (5) producing or selling a work of fine art with a forged signature of a painter; or (6) intentionally circumventing or destroying the technological measures which are adopted by a copyright owner or copyright-related right holder to protect the copyright or copyright-related rights on a work or on a sound or video recording, etc., without permission of the copyright owner or copyright-related right holder. Article 218 Whoever, for the purpose of making profits, knowingly sells works reproduced which infringe on the copyright or copyright-related rights as mentioned in Article 217 of this Law, if the amount of illegal gains is large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 5 years, and concurrently, a fine, or shall be sentenced to a fine only. Article 219 Whoever commits any of the following acts infringing on business secrets, 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: (1) obtaining a right holder’s business secrets by theft, bribing, fraud, coercion, electronic intrusion, or by any other unjustifiable means; (2) disclosing, using, or allowing another to use the business secrets obtained from the right holder by the means as mentioned in the preceding paragraph; or (3) disclosing, using, or allowing another to use the business secrets one has learned, by breaching his confidentiality obligation or by going against the right holder’s demand for keeping said business secrets confidential. Whoever, knowing that the business secrets fall under the circumstances specified in the preceding paragraph, obtains, discloses, uses, or allows another to use such business secrets, shall be deemed en.npc.gov.cn.cdurl.cn/2020-12/26/c_921604_11.htm 2/6