Part Two Specific Provisions
Chapter III Crimes of Disrupting the Order of the Socialist Market
Economy
Section 7 Crimes of Infringing on Intellectual Property Rights
Article 213 Whoever, without permission
from the owner of a registered trademark, uses a trademark which
is identical with the registered trademark on the same kind of commodities
shall, if the circumstances are serious, be sentenced to fixed-term
imprisonment of not more than three years or criminal detention
and shall also, or shall only, be fined; if the circumstances are
especially serious, he shall be sentenced to a fixed-term imprisonment
of not less than three years but not more than seven years and shall
also be fined.
Article 214 Whoever knowingly sells commodities
bearing counterfeit registered trademarks shall, if the amount of
sales is relatively large, be sentenced to fixed-term imprisonment
of not more than three years or criminal detention and shall also,
or shall only, be fined; if the amount of sales is huge, he shall
be sentenced to fixed-term imprisonment of not less than three years
but not more than seven years and shall also be fined.
Article 215 Whoever forges or without
authorization of another makes representation of the person's registered
trademarks or sells such representation shall, if the circumstances
are serious, be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance and
shall also, or shall only, be fined; if the circumstances are especially
serious, he shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years and shall also
be fined.
Article 216 Whoever counterfeits the
patent of another shall, if the circumstances are serious, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined.
Article 217 Whoever, for the purpose
of making profits, commits any of the following acts of infringement
on copyright shall, if the amount of illegal gains is relatively
large, or if there are other serious circumstances, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined; if the amount
of illegal gains is huge or if there are other especially serious
circumstances, he shall be sentenced to fixed-term imprisonment
of not less than three years but not more than seven years and shall
also be fined:
(1) reproducing and distributing a written work, musical work, motion
picture, television program or other visual works, computer software
or other works without permission of the copyright owner;
(2) publishing a book of which the exclusive right of publication
is enjoyed by another person;
(3) reproducing and distributing an audio or video recording produced
by another person without permission of the producer; or
(4) producing or selling a work of fine art with forged signature
of another painter.
Article 218 Whoever, for the purpose
of making profits, knowingly sells works reproduced by infringing
on the copyright of the owners as mentioned in Article 217 of this
Law shall, if the amount of illegal gains is huge, be sentenced
to fixed-term imprisonment of not more than three years or criminal
detention and shall also, or shall only, be fined.
Article 219 Whoever commits any of the
following acts of infringing on business secrets and thus causes
heavy losses to the obligee shall be sentenced to fixed-term imprisonment
of not more than three years or criminal detention and shall also,
or shall only, be fined; if the consequences are especially serious,
he shall be sentenced to fixed-term imprisonment of not less than
three years but not more than seven years and shall also be fined:
(1) obtaining an obligee's business secrets by stealing, luring,
coercion or any other illegitimate means;
(2) disclosing, using or allowing another to use the business secrets
obtained from the obligee by the means mentioned in the preceding
paragraph; or
(3) in violation of the agreement on or against the obligee's demand
for keeping business secrets, disclosing, using or allowing another
person to use the business secrets he has.
Whoever obtains, uses or discloses another's business secrets, which
he clearly knows or ought to know falls under the categories of
the acts listed in the preceding paragraph, shall be deemed an offender
who infringes on business secrets.
"Business secrets" as mentioned in this Article refers
to technology information or business information which is unknown
to the public, can bring about economic benefits to the obligee,
is of practical use and with regard to which the obligee has adopted
secret-keeping measures.
"Obligee" as mentioned in this Article refers to the owner
of business secrets and the person who is permitted by the owner
to use the business secrets.
Article 220 Where a unit commits any
of the crimes mentioned in the Articles from 213 through 219 of
this Section, it shall be fined, and the persons who are directly
in charge and the other persons who are directly responsible for
the crime shall be punished in accordance with the provisions of
the Articles respectively.
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