The new criminal law of 222 stipulates the sale of counterfeit trademarks.

Criminal Law Provisions and Judicial Interpretation of the Crime of Selling Goods with Counterfeit Registered Trademarks Basic Provisions of Criminal Law Article 214 The crime of selling goods with Counterfeit Registered Trademarks, if the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. The Supreme People's Procuratorate and the Ministry of Public Security's Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (Excerpt) (G.T.Z. [21] No.23 of May 7, 21) Article 7 [Case of selling goods with counterfeit registered trademarks (Article 214 of the Criminal Law)] Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of one of the following circumstances shall file a case for prosecution: (1) Sales amount. (two) not yet sold, the value of the goods is more than one hundred and fifty thousand yuan; (3) The sales amount is less than 5, yuan, but the sum of the sold amount and the unsold value is more than 15, yuan. Article 89 If it is necessary to investigate the criminal responsibility of a preparatory crime, an attempted crime or a discontinued crime, a case shall be filed for prosecution. Article 9 The standards for filing a case for prosecution in these Provisions shall apply to crimes committed by corresponding units, except as otherwise provided by laws, judicial interpretations and these Provisions. Article 91 The term "above" in these Provisions includes this number. The Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (Excerpt) (Law Interpretation [24] No.19 of December 22, 24) Article 2 Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 5, yuan, is a "large amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for selling goods with counterfeit registered trademarks. If the sales amount is more than 25, yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks, and shall also be fined. Article 9 The term "sales amount" as mentioned in Article 214 of the Criminal Law refers to all illegal income earned and due after selling goods with counterfeit registered trademarks. In any of the following circumstances, it shall be deemed as "knowing" as stipulated in Article 214 of the Criminal Law: (1) knowing that the registered trademark on the goods it sells has been altered, replaced or covered; (2) Having been subjected to administrative punishment or civil liability for selling goods with counterfeit registered trademarks, and selling the same kind of goods with counterfeit registered trademarks; (3) Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered; (4) Other circumstances in which goods with counterfeit registered trademarks are known or should be known. Article 15 Where a unit commits the acts specified in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced according to three times of the conviction and sentencing standards for the corresponding individual crimes specified in this Interpretation. Article 16 Whoever knowingly provides others with loans, funds, account numbers, invoices, certificates and licenses, or provides facilities and assistance such as production and business premises, transportation, storage, import and export agency, etc., shall be punished as the * * * offender of intellectual property infringement crime. The Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products (Excerpt) (Fa Shi [21] No.7 of March 26, 21) Article 1 (Paragraph 3) Where the sales of tobacco monopoly products such as cigarettes and cigars are known to be counterfeit registered trademarks of others, and the sales amount is relatively large, they shall be registered as counterfeit sales in accordance with the provisions of Article 214 of the Criminal Law. Article 5 If an actor commits the crime of illegally producing and selling tobacco monopoly products, which also constitutes the crime of producing and selling fake and inferior products, the crime of infringing intellectual property rights and the crime of illegal business operation, he shall be convicted and punished in accordance with the provisions of heavier punishment. Article 6 Whoever knowingly provides others with loans, funds, account numbers, invoices, certificates, licenses, or facilities such as production and business premises, equipment, transportation, storage, storage, mailing, and agent access, or provides production technology and cigarette formula, shall be investigated for criminal responsibility according to the crime of * * *. Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (Excerpt) (Fa Fa [211] No.3, January 1, 211) I. Conviction and Sentencing on the Sale of Goods with Counterfeit Registered Trademarks, if the goods are knowingly sold with counterfeit registered trademarks in any of the following circumstances, According to the provisions of Article 214 of the Criminal Law, the crime of selling goods with counterfeit registered trademarks (attempted) is convicted and punished: (1) the goods with counterfeit registered trademarks have not been sold, and the value of the goods is more than 15, yuan; (2) The goods with counterfeit registered trademarks are partially sold, and the sales amount is less than 5, yuan, but the total value of the goods with counterfeit registered trademarks that have not yet been sold is more than 15, yuan. Goods with counterfeit registered trademarks have not yet been sold, and the value of the goods has reached more than 15, yuan but less than 25, yuan and more than 25, yuan respectively, and they shall be convicted and punished in accordance with the statutory punishment ranges stipulated in Article 214 of the Criminal Law. If the amount of sales and the value of unsold goods reach different legal punishment ranges or both reach the same legal punishment range, a heavier punishment shall be given as appropriate within the legal punishment range with heavier punishment. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the State Tobacco Monopoly Bureau "Summary of the Symposium on Applicable Laws in Handling Criminal Cases of Counterfeit and Inferior Tobacco Products" (No.4 [23] of the Supreme People's Procuratorate on December 23, 23) II. On the issue of "knowing" in the act of selling tobacco products that are known to be registered trademarks for counterfeit cigarettes, according to the provisions of Article 214 of the Criminal Law, tobacco products that are known to be registered trademarks for counterfeit cigarettes are sold for a large amount. "Knowing" means knowing or should know. In any of the following circumstances, it can be considered as "knowing": 1. Purchasing goods at a price significantly lower than the market price; 2. Selling at a price significantly lower than the market price; 3, the sale of counterfeit tobacco products with registered trademarks is found after the transfer, destruction of physical evidence or provide false certificates, false information; 4. Other circumstances that can be identified as knowing. Iii. Regarding the problem of * * * who knows or should know that others commit the criminal acts specified in Articles 1 to 3 of this Summary, but still commits one of the following acts, he shall be deemed as * * * and shall be investigated for criminal responsibility according to law: 1. Directly involved in the production and sale of counterfeit and shoddy tobacco products or the sale of counterfeit tobacco products with registered trademarks, or directly involved in the illegal operation of tobacco products and played a major role in it; 2. Providing facilities and conditions such as houses, venues, equipment, vehicles, loans, funds, account numbers, invoices, certificates, technologies, etc. to help produce, sell, store, transport fake and shoddy tobacco products and illegally handle tobacco products; 3, the transport of fake and shoddy tobacco products. Among the above-mentioned personnel, those who report crimes committed by others are verified by investigation, or provide important clues and have rendered meritorious service may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment. IV. Punishment of State functionaries' participation in the implementation of criminal acts stipulated in Articles 1 to 3 of this Summary According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities, State functionaries who participate in the implementation of criminal acts stipulated in Articles 1 to 3 of this Summary shall be given a heavier punishment. Article 59 (3) of the Trademark Law of the People's Republic of China (Revised in 21) (excerpt) (March 1, 1983) If a person knowingly sells a commodity with a counterfeit registered trademark, which constitutes a crime, he shall be investigated for criminal responsibility according to law in addition to compensating the infringed person for his losses.