主席令第七十号
(Adopted at the 30th Session of the Standing1 Committee of the Seventh National People's Congress, on February 22, 1993)
颁布日期:19930222 实施日期:19930701 颁布单位:全国人民代表大会
In order to punish such criminal acts as to counterfeit2 registered trademarks4, the following supplementary5 provisions shall be made and added to the Criminal Law:
1. Where any person uses, without the authorization6 of the proprietor7 of a registered trademark3, a trademark that is identical with the registered trademark in question in respect of the same goods, and the amount of his illegal income is considerable or he has committed other serious acts, he shall be sentenced to fixed-term imprisonment8 of not more than three years or criminal detention9, or sentenced concurrently10 or exclusively to a fine; where the amount of his illegal income is enormous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and concurrently to a fine. Where any person sells goods that he knows bear a counterfeited11 registered trademark, and the amount of his illegal income is considerable, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, or sentenced concurrently or exclusively to a fine; where the amount of his illegal income is enormous, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and concurrently to a fine.
2. Where any person counterfeits12, or makes, without authorization, representations of a registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the amount of his illegal income is considerable or he has committed other serious acts, he shall be punished according to the provisions of Paragraph 1 of Article 1 above.
3. Where any enterprise or institution has committed any of such crimes as enumerated13 in the preceding two articles, it shall be sentenced to a fine, and the person in charge who is directly responsible and any other persons who are directly responsible shall be prosecuted14, according to the provisions of the preceding two articles, for their criminal liabilities.
4. Where any functionary15 of the State exploits his office to intentionally16 harbour any enterprise, institution or individual that he knows to be guilty of any of such criminal acts as enumerated in these Provisions and make it or him to escape being prosecuted, he shall be prosecuted, mutatis mutandis under the provisions of Article 188 of the Criminal Law, for his criminal liabilities.
Where any functionary of the State who is responsible for prosecuting17 such criminals as enumerated in these Provisions fails to perform his functions of prosecution18 as prescribed by law, he shall be prosecuted, according to the provisions of Article 187 of the Criminal Law or mutatis mutandis under the provisions of Article 188 of the Criminal Law, for his criminal liabilities.
5. These Provisions shall enter into force on July 1, 1993.