THE CRIMINAL CODE

The Criminal Code

(extraction)

• Article 156

1. The penalty of imprisonment of six months to five years shall be imposed on any person who produces and sells counterfeit goods:

i.                        of a quality equivalent to genuine goods valued from D30 million to D150 million (US$2133.56-US$7111.87), or

ii.                       of a quality equivalent to genuine goods valued at less than D3 million (US$213.35) but involving serious consequences, or

iii.                     who continues to commit the same violation even though administrative or criminal penalties have been imposed on that person.

2. The penalty for the same crime is from three to 10 years in prison in especially serious cases and from seven to 15 years in prison in extremely serious cases.

• Article 157

1. The penalty of imprisonment of two years to seven years is for producing and selling the counterfeits, i.e. foodgrains, foodstuffs, medicine for treatment and prevention use
2. The penalty for the same crime is from five to 12 years in prison in especially serious cases and up to 20 years, life in prison or death in extremely serious cases;

• Article 158

1. The penalty of a fine ranging from D10 million to D100 million (US$711.19-US$7111.87) or from one year to five years in prison, shall be imposed on any person who produces or sells counterfeits, ie foods for animals, chemical fertilizer, medicine for veterinary use, pesticide or agrotype in high quantity or involving serious consequences or punishable by administrative penalties for the same violations;
2. The penalty for the same crime is from three to 10 years in prison in especially serious cases and from seven to 15 years in extremely serious cases;

• Article 170

1. The penalty of three years re-education without detention or from six months to three years in prison shall be imposed on authorities who are competent for granting for IPR protection, but who commit violations against provisions on grant of trademark registrations or letters patents involving serious consequences and were punishable by administration penalties for the same violations before;
2. The penalty of from two to seven years in prison is for the same crime in especially serious cases;

• Article 171

1. The penalty of a fine of D20 million (US$1422.37) to D200 million (US$14223.70) or reeducation without detention for up to two years shall be imposed on any person who, for commercial purposes, appropriates or uses others' protected industrial property objects illegally involving serious consequences, punishable by administrative or criminal penalties for the same violations
2. The penalty for the same crime in especially serious cases is from six months to three years in prison