Is infringement of intellectual property rights punishable by death
Different crimes have different specific sentencing penalties, but they will not be sentenced. Death penalty.
Infringement of intellectual property rights, violation of intellectual property protection laws and regulations, should be done according to law Receive corresponding punishment:
The terms for committing intellectual property crimes are as follows ：
"Criminal Law" Part II Sub-Provisions, Article Chapter 3, Section 7 Crime of Intellectual Property Infringement
Chapter 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 circumstances are particularly serious, , 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 Anyone who 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; 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 215 Whoever forges or manufactures without authorization the registered trademark signs of others or sells the forged or unauthorized registered trademark signs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined. A fine; 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.
Article 216 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.
"Criminal Law" Article 217 For the purpose of profit , who commits one of the following copyright infringement circumstances, and 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 a fine; 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 more than three years or criminal detention, or a fine alone; Fixed-term imprisonment of not less than three years but not more than seven years, and a 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 the audio and video produced by the audio and video producer without the permission of the audio and video producer;
(4) Producing and selling works of art that counterfeit the signatures of others.
Article 218: For the purpose of profit, those who knowingly sell infringing copies specified in Article 217 of this Law shall If the amount of illegal income is huge, 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 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 be sentenced to or A fine alone shall be imposed; if particularly serious consequences are caused, the person 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) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by the means mentioned in the previous paragraph;
(3) Violation of the agreement or violation of the obligee's requirements for keeping trade secrets , disclosure, useOr allow others to use the trade secrets in their possession.
Knowing or should have known about the acts listed in the preceding paragraph, obtaining , use or disclose the trade secrets of others, it shall be deemed as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information that is not available to the public Known technical information and business information that can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder.
The right holder mentioned in this article refers to the owner of the trade secret The owner and the users of the trade secret with the permission of the owner of the trade secret.
Article 220 A unit that commits a crime under 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.
The crime of infringement of intellectual property rights is a type of crime, among which there are also specific Including crimes of infringement of trade secrets, crimes of counterfeiting patents, etc. The specific sentencing and penalties for different crimes are different, but they will not be sentenced to death. If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
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