(Adopted at the 30th Session of the Standing Committee of theSeventh National People’s Congress, on February 22, 1993)
Important Notice:
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document Supplementary Provisions Concerning the Punishment of Crimes ofCounterfeiting Registered Trademarks Made
by the Standing Committee of the National People’s Congress(Adopted at the 30th Session of the Standing Committee of the Seventh
National People’s Congress, on February 22, 1993)In order to punish such criminal acts as to counterfeit registeredtrademarks,
the following supplementary provisions shall be made and addedto the Criminal Law:
1. Where any person uses, without the authorization of the proprietor of aregistered trademark, a trademark that is identical with
the registeredtrademark in question in respect of the same goods, and the amount of hisillegal income is considerable or he has
committed other serious acts, heshall be sentenced to fixed-term imprisonment of not more than three yearsor criminal detention,
or sentenced concurrently or exclusively to a fine;where the amount of his illegal income is enormous, he shall be sentencedto fixed-term
imprisonment of not less than three years but not more thanseven years and concurrently to a fine.Where any person sells goods that
he knows bear a counterfeited registeredtrademark, and the amount of his illegal income is considerable, he shallbe sentenced to
fixed-term imprisonment of not more than three years orcriminal detention, or sentenced concurrently or exclusively to a fine;where
the amount of his illegal income is enormous, he shall be sentencedto fixed-term imprisonment of not less than three years but not
more thanseven years and concurrently to a fine.
2. Where any person counterfeits, or makes, without authorization,representations of a registered trademark of another person,
or sells suchrepresentations of a registered trademark as were counterfeited, or madewithout authorization, and the amount
of his illegal income isconsiderable or he has committed other serious acts, he shall be punishedaccording to the provisions
of Paragraph 1 of Article 1 above.
3. Where any enterprise or institution has committed any of such crimes asenumerated in the preceding two articles, it shall be sentenced
to a fine,and the person in charge who is directly responsible and any other personswho are directly responsible shall be prosecuted,
according to theprovisions of the preceding two articles, for their criminal liabilities.
4. Where any functionary of the State exploits his office to intentionallyharbour any enterprise, institution or individual that
he knows to beguilty of any of such criminal acts as enumerated in these Provisions andmake it or him to escape being prosecuted,
he shall be prosecuted, mutatismutandis under the provisions of Article 188 of the Criminal Law, for hiscriminal liabilities.Where
any functionary of the State who is responsible for prosecuting suchcriminals as enumerated in these Provisions fails to perform
his functionsof prosecution as prescribed by law, he shall be prosecuted, according tothe provisions of Article 187 of the Criminal
Law or mutatis mutandisunder the provisions of Article 188 of the Criminal Law, for his criminalliabilities.5. These Provisions
shall enter into force on July 1, 1993.
