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

（Adopted at the 30th Meeting of the Standing¹ Committee of the Seventh National People's Congress on February 22， 1993， promulgated² by Order No. 70 of the President of the People's Republic of China on February 22， 1993 and effective as of July 1， 1993）（Editor's Note： This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14， 1997， and effective on October 1， 1997）
时效性：失效　 颁布日期：19930222 　实施日期：19930701 　失效日期：19971001 　颁布单位：全国人民代表大会

　　In order to punish criminal acts of counterfeiting⁴ registered trademarks⁶， the following provisions are made to supplement the Criminal Law：

　　1. Any person who， without permission from the owner of a registered trademark⁵， uses a trademark identical with the registered trademark on the same kind of goods， if the case involves a relatively⁷ large amount of illegal earnings⁸ or other serious circumstances， shall be sentenced to fixed-term imprisonment⁹ of not more than three years or criminal detention¹⁰， and may concurrently¹¹ or simply be punished with a fine； if the case involves a huge amount of illegal earnings， the offender¹² shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years， and shall concurrently be punished with a fine.

　　Any person who knowingly sells goods bearing counterfeit³ registered trademarks， if the case involves a relatively large amount of illegal earnings， shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention， and may concurrently or simply be punished with a fine； if the case involves a huge amount of illegal earnings， the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall concurrently be punished with a fine.

　　2. Any person who forges or makes without authorization¹³ representations of the registered trademarks of another person or sells representations of the registered trademarks which are forged or made without authorization， if the case involves a relatively large amount of illegal earnings or other serious circumstances， shall be punished in accordance with the provisions of the first paragraph of Article 1.

　　3. If any enterprise or institution commits any crime specified¹⁴ in the preceding two Articles， such enterprise or institution shall be punished with a fine， and the persons directly in charge and other persons held directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the preceding two Articles.

　　4. Any State functionary¹⁵ who， by taking advantage of his position， intentionally¹⁶ harbours the enterprises， institutions or individuals that have committed， to his knowledge， the offences specified in these Provisions and shield them from prosecution¹⁷ shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

　　Any State functionary who is charged with the responsibility of investigation¹⁸ of any offender specified in these Provisions but fails to perform such responsibility prescribed by law shall be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law or by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

　　5. These Provisions shall go into effect as of July 1， 1993.