How to Seek Criminal Remedies for Intellectual Property Rights

Intellectual property rights are a type of right with relatively strong economic value. There are relatively many intellectual property rights in our country. Infringement of intellectual property rights constitutes a crime. The victim can report the case to the public security organs, and the public security organs will intervene in the investigation to safeguard their own interests. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. How to seek criminal relief for intellectual property rights

1. According to our country According to the provisions of the Criminal Law, if infringement of intellectual property rights constitutes a crime, the victim can report the case to the public security organs, and the public security organs will intervene in the investigation to safeguard their own interests.

2. Legal provisions: "Criminal Law of the People's Republic of China"

210 Article 3 [Crime of Counterfeiting Registered Trademarks] 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 216 [Crime of Counterfeiting Patent] Whoever counterfeits the patent of others, 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 separately be sentenced to Penalties.

Article 217 [Crime of Copyright Infringement] For the purpose of profit, one of the following copyright infringement circumstances occurs, the amount of illegal income is relatively large, or there are other If the circumstances are serious, the offender 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 income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined:

(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) Without audio and video production Copying and distributing the audio and video recordings produced by the author without the permission of the author;

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

2. What are the modes of Customs protection of intellectual property rights

(1) Protection mode It is a passive protection mode

When an intellectual property right owner discovers that someone else’s imported or exported goods are suspected of infringing upon his or her intellectual property rights, he or she has the right to lodge a complaint with the customs at the place of entry and exit of the goods to detain suspected infringement. For applications and guarantees for goods, the customs will promptly notify the right holder and the consignee and consignor of the goods after detaining the relevant goods at the request of the right holder.

Starting from the date when the goods are detained by the customs, within 20 working days, if the customs receives a property preservation ruling or lawsuit from the people's court on the detained goods, If the Customs has issued a notice ordering the cessation of infringement and ordered to assist in the execution, the Customs shall assist the People's Court in the execution; if the above-mentioned notice is not received, the Customs will no longer detain the relevant goods but will release them.

(2) The protection mode is the active protection mode

The intellectual property rights holder shall report to the General Administration of Customs After the General Administration of Customs has reviewed and approved it, if the customs at the place of entry and exit of the goods discover that the imported or exported goods are suspected of infringing the above-mentioned registered intellectual property rights, they will immediately notify the right holder. If the right holder fails to do so within the specified time, Submit the application and guarantee, and the customs will release the relevant goods. If the right holder submits an application and guarantee to the customs within the specified time, the customs will detain the goods suspected of infringement and investigate whether the goods are infringing within 30 working days from the date of detention.

If it cannot be determined whether the goods are infringing, the customs will immediately notify the right holder. In this case, if the customs does not receive the People's Court's notice of assistance in enforcement within 50 working days from the date of detaining the goods, the customs will release the goods. If The Customs will assist in the enforcement upon receipt of the notice of enforcement assistance from the People's Court within 50 working days from the date of detaining the goods.

The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of our country’s criminal law, if infringement of intellectual property rights constitutes a crime, the victim can report the case to the public security agency , the public security organs will intervene in the investigation to safeguard their own interests. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.