Is infringement of intellectual property a crime
Serious infringement of intellectual property rights is a crime. According to the "Criminal Law of the People's Republic of China" 》Chapter 3: The crime of undermining the order of the socialist market economy. Section 7 contains the crime of infringement of intellectual property rights
Article 213 [Crime of Counterfeiting Registered Trademarks] Anyone who uses the same trademark as his 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 punished with three sentences to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely to a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently to a fine.
Article 214 [Sales of counterfeit goods Whoever knowingly sells goods with counterfeit 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 shall also or solely be fined; if the sales amount is huge, he shall be sentenced to not less than three years and seven years The following shall be punishable by fixed-term imprisonment and a fine.
Article 215 [Illegal manufacturing , Selling Illegally Manufactured Registered Trademarks] Forgery, unauthorized manufacture of registered trademarks of others, or sale of forged or unauthorized registered trademarks. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or solely be fined. ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.imprisonment, and a fine.
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 solely be fined.
Article 217 [Copyright Infringement Crime] For the purpose of profit, if one of the following copyright infringement circumstances occurs, 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 shall also or solely be fined; if the amount of illegal gains is huge or there are other If the circumstances are 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:
(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 producer of the audio and video recordings Audio and video recording;
(4) Production and sale Counterfeiting works of art signed by others.
Article 218 [SalesCrime of infringing copies] 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.
Article 219 [Infringement of Commerce Crime of secrets] Whoever commits one of the following acts of infringing on Trade secrets, causing 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; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years Imprisonment of not more than 1 year and a fine:
( 1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession Trade secrets.
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 owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
Article 220 [Infringement committed by the unit [Penalty Provisions on Intellectual Property Crimes] If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be fined. Penalties shall be imposed in accordance with the provisions of each section of this section.
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