The 11th amendment to China's Criminal Law took effect on
March 1, 2021. The section of "Crime of Violating Intellectual
Property Rights" which includes Articles 213 to 220, was
extensively amended. Seven out of the eight articles in this
section were amended. Under the current Criminal Law, criminal
sanction against intellectual property infringement may be as
serious as ten years of imprisonment.
Trademark Related Crime
Article 213 of the Criminal Law was amended to read "using
an trademark identical with the registered trademark on the same
goods or services without the permission of the owner of the
registered trademark, if the circumstances are serious, shall be
punished with a fixed-term imprisonment of not more than three
years together with a fine, or a separately imposed fine; if the
circumstances are particularly serious, a fixed-term imprisonment
of not less three years but not more than ten years shall be
imposed, together with a fine."
