How to judge the crime of infringement of online games

Our knowledge is valuable in many situations. But there is a kind of crime that belongs to the crime of infringement of intellectual property rights. So how is this crime sentenced? What are the manifestations of the crime of infringement of intellectual property rights? Is online game infringement a crime of infringement of intellectual property rights? The editor of Legal Savior Network brings it to you through your questions I hope the following legal knowledge will be helpful to you.

How to judge the crime of infringement of online games

Online game infringement generally belongs to copyright infringement, and online game infringement, If the amount of illegal income is relatively large, it will constitute a crime of copyright infringement.

For profit-making purposes, there are the following copyright infringements 1. If the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and not more than seven years. Fixed-term imprisonment and fine:

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;

(2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;

(4) Producing and selling works of art that counterfeit the signature of others.

Laws and Regulations

"Criminal Law" 》Article 213 Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; If the offense is particularly serious, 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.

Article 214 Sales knowingly Whoever sells goods counterfeiting registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 215 Forgery and unauthorized Whoever manufactures other people's registered trademarks or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than seven years. Imprisonment and a fine.

Article 216 Counterfeiting others’ patents , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 217: Whoever commits any of the following copyright infringement situations for the purpose of profit, and the amount of illegal gains is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention, and shall be concurrently or solely fined; if the amount of illegal gains is huge or there are other particularly serious circumstances, 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:

(1) Reproduction and distribution of written works, music, movies, television, video works, Computer software and other works;

(2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;

(4) Producing and selling works of art that counterfeit the signature of others.

Article 218: For the purpose of profit, the person knowingly sells infringing copies specified in Article 217 of this Law and obtains a huge amount of illegal income , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 219 Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; Those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:

(1) By theft, inducement, coercion or other unfair means Obtaining the right holder’s trade secrets;

(二) discloses, uses or allows others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;

(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

Knowing or should have known about the acts listed in the preceding paragraph, Obtaining, using or disclosing other people's trade secrets shall be considered as infringement of trade secrets.

Trade secrets as mentioned in this article refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and has been kept confidential by the right holder.

The right holder mentioned in this article refers to the business secret The owner of the trade secret and the trade secret user with the permission of the trade secret owner.

Article 220: Units violate this section For crimes stipulated in Articles 213 to 219, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.

Reproduction and distribution of written works, music, movies, and television without the permission of the copyright owner in accordance with the law , video works, computer software and other works are infringements of intellectual property rights. If the circumstances are particularly serious, they will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The above is the answer to your question. You can consult a lawyer on the Legal Savior Network .