全国人民代表大会常务委员会关于惩治假冒注册商标犯罪的补充规定
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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.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 counterfeit 1oEz8     
vt.伪造,仿造;adj.伪造的,假冒的
参考例句:
  • It is a crime to counterfeit money.伪造货币是犯罪行为。
  • The painting looked old but was a recent counterfeit.这幅画看上去年代久远,实际是最近的一幅赝品。
3 trademark Xndw8     
n.商标;特征;vt.注册的…商标
参考例句:
  • The trademark is registered on the book of the Patent Office.该商标已在专利局登记注册。
  • The trademark of the pen was changed.这钢笔的商标改了。
4 trademarks 3d5cfd3d5e627e33b27fadb6b405a1dd     
n.(注册)商标( trademark的名词复数 );(人的行为或衣着的)特征,标记
参考例句:
  • Motrin and Nuprin are trademarks of brands of ibuprofen tablets. Nuprin和Motrin均是布洛芬的商标。 来自《简明英汉词典》
  • Many goods in China have the trademarks of a panda. 中国的许多商品都带有熊猫的商标。 来自《简明英汉词典》
5 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
6 authorization wOxyV     
n.授权,委任状
参考例句:
  • Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
  • You cannot take a day off without authorization.未经批准你不得休假。
7 proprietor zR2x5     
n.所有人;业主;经营者
参考例句:
  • The proprietor was an old acquaintance of his.业主是他的一位旧相识。
  • The proprietor of the corner grocery was a strange thing in my life.拐角杂货店店主是我生活中的一个怪物。
8 imprisonment I9Uxk     
n.关押,监禁,坐牢
参考例句:
  • His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
  • He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。
9 detention 1vhxk     
n.滞留,停留;拘留,扣留;(教育)留下
参考例句:
  • He was kept in detention by the police.他被警察扣留了。
  • He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。
10 concurrently 7a0b4be5325a98c61c407bef16b74293     
adv.同时地
参考例句:
  • He was given two twelve month sentences to run concurrently. 他两罪均判12个月监禁,同期执行。 来自《简明英汉词典》
  • He was given two prison sentences, to run concurrently. 他两罪均判监禁,同期执行。 来自辞典例句
11 counterfeited 5d3d40bf40d714ccb5192aca77de1c89     
v.仿制,造假( counterfeit的过去分词 )
参考例句:
  • How did you spot those fifties were counterfeited? 你怎样察觉出那些50元面值的纸币是伪造的? 来自《简明英汉词典》
  • The old miser's widow counterfeited a grief she did not feel. 这个老守财奴的寡妇伪装出她并没有的哀伤。 来自辞典例句
12 counterfeits 617c71c9e347e377e2a63606fdefec84     
v.仿制,造假( counterfeit的第三人称单数 )
参考例句:
  • Objects and people looked like counterfeits of themselves. 各种人和事好象都给自己披上了伪装。 来自辞典例句
  • We have seen many counterfeits, but we are born believers in great men. 我们见过许多骗子,但是我们天生信赖伟人。 来自辞典例句
13 enumerated 837292cced46f73066764a6de97d6d20     
v.列举,枚举,数( enumerate的过去式和过去分词 )
参考例句:
  • A spokesperson enumerated the strikers' demands. 发言人列数罢工者的要求。 来自《简明英汉词典》
  • He enumerated the capitals of the 50 states. 他列举了50个州的首府。 来自《现代汉英综合大词典》
14 prosecuted Wk5zqY     
a.被起诉的
参考例句:
  • The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
  • The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。
15 functionary 1hLx9     
n.官员;公职人员
参考例句:
  • No functionary may support or cover up unfair competition acts.国家官员不得支持、包庇不正当竞争行为。
  • " Emigrant," said the functionary,"I am going to send you on to Paris,under an escort."“ 外逃分子,”那官员说,“我要把你送到巴黎去,还派人护送。”
16 intentionally 7qOzFn     
ad.故意地,有意地
参考例句:
  • I didn't say it intentionally. 我是无心说的。
  • The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所,因此没有资格再获得提供住房。
17 prosecuting 3d2c14252239cad225a3c016e56a6675     
检举、告发某人( prosecute的现在分词 ); 对某人提起公诉; 继续从事(某事物); 担任控方律师
参考例句:
  • The witness was cross-examined by the prosecuting counsel. 证人接受控方律师的盘问。
  • Every point made by the prosecuting attorney was telling. 检查官提出的每一点都是有力的。
18 prosecution uBWyL     
n.起诉,告发,检举,执行,经营
参考例句:
  • The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
  • He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。
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