How to punish bookstores for selling pirated books

In the current society, the knowledge economy has become an important growth point of the economy, and the crackdown on piracy will become more and more severe. So, what are the penalties for bookstores selling pirated books? In order to answer this question, the editor of the Legal Savior Network will give you the corresponding response below. The answers are for your reference and study. I hope the following answers will be helpful to you.

1. How to punish bookstores for selling pirated books

The Supreme People's Republic of China According to the interpretation of Article 5 of the Interpretations of the People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement, if the sale is for profit, then Article 217 of the Criminal Law will be implemented. Acts that infringe copyrights will be dealt with by law. If the amount of property sold reaches more than 30,000 yuan, then from a legal perspective, it is a violation of a large amount of trafficking; then if the following behavior is committed, it is a relatively serious behavior and should be considered If found guilty of copyright infringement, he will be sentenced to fixed-term imprisonment of not more than three years and may be fined.

Those who infringe upon infringing copies as stipulated in Article 1 and obtain 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.

First of all, the first point bookseller illegally sells pirated books, and the amount of property sold reaches more than 50,000 yuan;

The second point is to sell this book without the author's permission, and to copy and distribute the author's literary works, musical works, TV and movie works, video works, Internet works and other works , and the act of copying these works for more than one thousand copies;

The third point is that in addition to the above circumstances, booksellers also have other serious The situation of the plot.

If the bookseller aims to make a profit, then at the legal level, the provisions of Article 217 of the Criminal Law of the People's Republic of China will be imposed on him. One of the copyright infringement acts is that the amount of property obtained from selling pirated books is more than 150,000 yuan. This is a huge illegal amount from a legal perspective.

2. Is the sale of pirated copies considered infringement?

According to the Supreme People’s Court’s “On the Trial of Illegal "Explanation of Several Issues on the Specific Application of Law in Publication Criminal Cases" is treated as "illegal business crime", which is an infringement and illegal.

According to the provisions of the criminal law and relevant judicial interpretations, those who make huge illegal gains from "selling pirated books" shall be convicted and punished as "the crime of selling infringing copies" and may be sentenced to three years' imprisonment. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.

Article 218 of the "Criminal Law of the People's Republic of China" stipulates:

With Whoever knowingly sells infringing copies as stipulated in Article 217 of this Law for the purpose of profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

The fourth item of infringing copies stipulated in Article 217 is "books for which others have the exclusive right to publish", which is usually said pirated books.

The above is the answer given by the editor of Legal Savior Network on "How to punish the sale of pirated books in bookstores". We can understand that this will be based on the transaction amount and inventory. to impose punishment. The general approach of the Industrial and Commercial Bureau is to impose fines, confiscate counterfeit goods, revoke business licenses, etc. If the amount is large or the circumstances are serious, it may constitute a crime. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.