为了惩治假冒注册商标的犯罪行为，对刑法作如下补充规定：

      一、未经注册商标所有人许可，在同一种商品上使用与其注册商标相同的商标，违法所得数额较大或者有其他严重情节的，处三年以下有期徒刑或者拘役，可以并处或者单处罚金；违法所得数额巨大的，处三年以上七年以下有期徒刑，并处罚金。

      销售明知是假冒注册商标的商品，违法所得数额较大的，处三年以下有期徒刑或者拘役，可以并处或者单处罚金；违法所得数额巨大的，处三年以上七年以下有期徒刑，并处罚金。

      二、伪造、擅自制造他人注册商标标识或者销售伪造、擅自制造的注册商标标识，违法所得数额较大或者有其他严重情节的，依照第一条第一款的规定处罚。

      三、企业事业单位犯前两条罪的，对单位判处罚金，并对直接负责的主管人员和其他直接责任人员依照前两条的规定追究刑事责任。

      四、国家工作人员利用职务，对明知有本规定所列犯罪行为的企业事业单位或者个人故意包庇使其不受追诉的，比照刑法第一百八十八条的规定追究刑事责任?br> 对本规定所列的犯罪人员负有追究责任的国家工作人员，不履行法律所规定的追究职责的，依照刑法第一百八十七条或者比照刑法第一百八十八条的规定追究刑事责任。

      五、本规定自１９９３年７月１日起施行。

      Supplementary Provisions Concerning the Punishment of Crimes ofCounterfeiting Registered Trademarks Made by the Standing CommitteeNational People's Congress

      (Adopted at the 30th Session of the Standing Committee of theSeventh National People's Congress, on February 22, 1993)

      Important Notice: (注意事项)

      当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.

      In case of discrepancy, the original version in Chinese shall prevail.

      Whole Document (法规全文)

      Supplementary Provisions Concerning the Punishment of Crimes of

      Counterfeiting Registered Trademarks Made by the Standing Committee of the

      National People's Congress

      (Adopted at the 30th Session of the Standing Committee of the

      Seventh National People's Congress, on February 22, 1993)

      In order to punish such criminal acts as to counterfeit registered

      trademarks, the following supplementary provisions shall be made and added

      to the Criminal Law:

      1. Where any person uses, without the authorization of the proprietor of a

      registered trademark, 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 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.

      Where any person sells goods that he knows bear a counterfeited 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 counterfeits, 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

      enumerated 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 prosecuted, according to the

      provisions of the preceding two articles, for their criminal liabilities.

      4. Where any functionary of the State exploits his office to intentionally

      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 prosecuting such

      criminals as enumerated in these Provisions fails to perform his functions

      of prosecution 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.