Penalty for infringement of intellectual property rights
(1) Crime of counterfeiting registered trademarks.
According to Article 213 of the Criminal Law, using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, the circumstances are If the case is serious, 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 circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined.
(2) The crime of selling goods with counterfeit registered trademarks.
According to Article 214 of the "Criminal Law", anyone who knowingly sells goods that are 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 be concurrently or solely fined; if the sales amount is huge, 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.
(3) The crime of illegally manufacturing and selling illegally manufactured registered trademarks.
According to Article 215 of the "Criminal Law", forgery or unauthorized manufacture of registered trademarks of others or sale of 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 surveillance, 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 and not more than seven years, and shall also be fined.
(4) Crime of patent counterfeiting.
According to Article 216 of the "Criminal Law", 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 punished gold.
(5) Crime of copyright infringement.
According to Article 217 of the "Criminal Law", if for the purpose of profit, one of the following copyright infringement circumstances occurs, the amount of illegal gains is relatively large or there are other If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; the amount of illegal income is hugeOr if 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 without the permission of the copyright owner; (2) Publishing books for which others have the exclusive right to publish; (3) Copying and distributing audio and video recordings without the permission of the audio and video producers; (4) Producing and selling artistic works that counterfeit the signature of others.
(6) Crime of selling infringing copies.
According to Article 218 of the Criminal Law, for the purpose of profit, one knowingly sells infringing copies specified in Article 217 of this Law , if the amount of illegal gains 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.
(7) Crime of infringement of trade secrets.
According to Article 219 of the "Criminal Law", whoever infringes on one of the following trade secrets and causes heavy losses to the owner of the trade secret shall be sentenced to three years in prison: The following: fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, the offender 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 business secrets through theft, inducement, coercion or other improper means;
2. Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
3. Illegal agreement or violation of the right holder’s relevant information Requirements to keep trade secrets, disclose, use or allow others to use trade secrets in their possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets. The term “trade secrets” as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept confidential by the right holder. The rights 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.
(8) If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined and the unit shall be fined. The directly responsible person in charge and other responsible personnel shall be punished in accordance with the provisions of each article in this section. In addition, in practice, intellectual property infringement crimes may also be punished with the following crimes:Reason:
1. The "crime of producing and selling counterfeit and inferior goods" stipulated in Section 1 of Chapter 3 of the "Criminal Law" (Articles 140-150) includes Producing and selling counterfeit and substandard products, counterfeit medicines, substandard medicines, food that does not meet hygienic standards, toxic and harmful food, medical equipment that does not meet standards, products that do not meet safety standards, fake and substandard pesticides, veterinary drugs, fertilizers, seeds, and seeds that do not meet hygienic standards Cosmetics and other nine crimes.
2. The crime of smuggling stipulated in Articles 133 and 135 of the "Criminal Law". (Article 19 of my country’s Customs Law stipulates that if goods are imported or exported that infringe upon intellectual property rights protected by my country’s laws and administrative regulations, the customs shall confiscate the infringing goods and impose a fine; if a crime is constituted, criminal liability shall be pursued in accordance with the law.)
3. The crime of illegal business operations stipulated in Article 225 of the "Criminal Law".
4. Related crimes also involve organized crime, terrorist activities, money laundering, etc.
In practice, if the infringement of intellectual property rights is serious, it may rise to the realm of criminal law and constitute a crime. Under different torts, the alleged criminal offenses may be different, so the specific penalties will also be different.
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