Laws of the People's Republic of China

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

    1. Any person who, without permission from the owner of a
registered trademark, uses a trademark identical with the
registered trademark on the same kind of goods, if the case
involves a relatively large amount of illegal earnings or other
serious circumstances, 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.

    Any person who knowingly sells goods bearing counterfeit
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 authorization
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
specified 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 functionary who, by taking advantage of his
position, intentionally harbours the enterprises, institutions or
individuals that have committed, to his knowledge, the offences
specified in these Provisions and shield  them from prosecution
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 investigation 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.