What are the judicial interpretations of the crime of copyright infringement
Supreme People's Court, Supreme People's ProcuratorateExplanation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement
In order to punish criminal activities that infringe on intellectual property rights in accordance with the law and maintain the order of the socialist market economy, in accordance with the relevant provisions of the Criminal Law, hereby Several issues regarding the specific application of law in handling criminal cases of intellectual property infringement are explained as follows:
Article 1. Using the same trademark as the Registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and one of the following circumstances falls into the category of "serious circumstances" stipulated in Article 213 of the Criminal Law ", shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting registered trademarks, and shall also be fined or shall be fined:
(1) The illegal business amount exceeds 50,000 yuan or the illegal income amount exceeds 30,000 yuanThe above;
(2) Counterfeiting of two or more types Registered trademark, illegal business amount is more than 30,000 yuan or illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks:
(1) The illegal business amount is less than 25 The amount of illegal income exceeds 150,000 yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan;
(3) Other particularly serious circumstances.
Article 2 Selling knowingly counterfeit registered trademarks If the sales amount of goods is more than 50,000 yuan, which falls into the category of "relatively large amount" as stipulated in Article 214 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be sentenced to either one or more. atfine.
The sales amount is more than 250,000 yuan , which falls within the "huge amount" stipulated in Article 214 of the Criminal Law, shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of selling goods with counterfeit registered trademarks.
Article 3: Counterfeiting or unauthorized production of registered trademarks of others Anyone who signs or sells counterfeit or unauthorized registered trademark signs and falls under any of the following circumstances shall fall under the "serious circumstances" stipulated in Article 215 of the Criminal Law and shall be sentenced to three years for the crime of illegally manufacturing or selling illegally manufactured registered trademark signs. Fixed-term imprisonment of not more than 10 years, criminal detention or surveillance, and concurrently or solely a fine:
(1) Counterfeiting, manufacturing without authorization, or selling registered trademarks and logos that are forged or manufactured without authorization exceeds 20,000 pieces, or the amount of illegal business operations exceeds 50,000 yuan, or the amount of illegal income exceeds 30,000 yuan ;
(2) Counterfeiting, manufacturing or selling without authorization Counterfeiting or unauthorized manufacturing of two or more registered trademarks in quantity exceeding 10,000, or the amount of illegal business operations exceeding 30,000 yuan, or the amount of illegal income exceeding 20,000 yuan;
(3) Other serious circumstances.
Anyone who has any of the following circumstances shall fall under Article 1 of the Criminal Law For "especially serious circumstances" as stipulated in Article 215, those who are guilty of illegally manufacturing and selling illegally manufactured registered trademarks 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) Counterfeiting, manufacturing without authorization, or selling registered trademark logos with a number of counterfeiting or unauthorized manufacturing within More than 100,000 items, or the illegal business amount is more than 250,000 yuan, or the illegal income amount is more than 150,000 yuan;
(2) Counterfeiting, unauthorized manufacturing or selling of two or more registered trademarks and logos with a quantity of more than 50,000 pieces, or an illegal business amount of more than 50,000 pieces More than 150,000 yuan, or the amount of illegal income is more than 100,000 yuan;
(3) Other particularly serious circumstances.
Article 4: Counterfeiting other people’s patents under the following circumstances If one of the cases falls under the “serious circumstances” stipulated in Article 216 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of patent counterfeiting, and shall also be fined or shall be fined alone:
(1) The amount of illegal business operations exceeds 200,000 yuan or the amount of illegal income exceeds 100,000 yuan Yuan or more;(2) Granting patent rights Direct economic losses of more than 500,000 yuan caused by others;
(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income of more than 50,000 yuan;
(4) Other serious circumstances.
Article 5 Enforcement of criminal law for the purpose of profit For one of the copyright infringement acts listed in Article 217, if the amount of illegal income is more than 30,000 yuan, it is classified as "the amount of illegal income is relatively large"; if there is any of the following circumstances, it is "having other serious circumstances" and should be For the crime of copyright infringement, a person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall be fined alone:
(1) The illegal business amount exceeds 50,000 yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with a total number of copies exceeding one thousand More than one sheet;
(3) Other serious circumstances.
For the purpose of profit, implement the 200th Article of the Criminal Code One of the copyright infringement acts listed in Article 17, if the amount of illegal gains is more than 150,000 yuan, it is a "huge amount of illegal gains"; if there is any of the following circumstances, it is "there are other particularly serious circumstances" and should be treated as an infringement Copyright crimes 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) The illegal business amount exceeds 250,000 yuan;
(2) Without the permission of the copyright owner , copying and distributing its written works, music, movies, television, video works, computer software and other works, with a total number of copies of more than 5,000 copies;
(3) Other particularly serious circumstances.
Article 6 Enforcement of criminal law for the purpose of profit For the acts specified in Article 218, if the amount of illegal gains is more than 100,000 yuan, it is classified as "huge amount of illegal gains" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling infringing copies, and shall be fined concurrently or solely. gold.
Article 7 Implementation of Criminal Code 210 Any act stipulated in Article 9 that causes a loss of more than 500,000 yuan to the right holder of a trade secret shall be classified as "causing significant losses to the right holder of a trade secret" and shall be sentenced to a fixed-term imprisonment of not more than three years for the crime of infringement of trade secrets. or criminal detention, and concurrently or solely with a fine.
The amount of losses caused to the owner of the trade secret is If the amount exceeds 2.5 million yuan, it falls under the category of "causing particularly serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of infringement of trade secrets.
Article 8 Criminal Law 213 "Identical trademark" as stipulated in Article 1 refers to a trademark that is exactly the same as the counterfeited registered trademark, or is visually basically indistinguishable from the counterfeited registered trademark and is sufficient to mislead the public.
"Use of ” refers to the use of registered trademarks or counterfeit registered trademarks on goods, product packaging or containers, product instructions, and commodity transaction documents, or the use of registered trademarks or counterfeit registered trademarks in advertising, exhibitions, and other commercial activities.
Article 9 Criminal Law 214 The "sales amount" stipulated in this article refers to all illegal income earned and due from the sale of goods with counterfeit registered trademarks.
Those who have any of the following circumstances shall be deemed to be It falls under the "knowingly" stipulated in Article 214 of the Criminal Law:
(1) Knowing that the registered trademark on the goods he sells has been altered, replaced or covered;
(2) Having been subject to administrative penalties or civil liability for selling goods with counterfeit registered trademarks, and then selling the same goods with counterfeit registered trademarks;
(3) Forging or altering the authorization document of the trademark registrant or knowing the The document has been forged or altered;
(4) Other situations where one knows or should know that the goods are counterfeit registered trademarks.
Article 10 Whoever commits one of the following acts shall fall under the provisions of Article 216 of the Criminal Law The behavior of "counterfeiting other people's patents":
( 1) Marking other people’s patent numbers on the products or packages of products manufactured or sold without permission;
(2) Using other people’s patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved for other people’s patented technology;
(3) Use in contracts without permission Another person's patent number causes people to mistake the technology involved in the contract as someone else's patented technology;
(4) Forging or altering other people’s patent certificates, patent documents or patent application documents.
Article 11 By publishing paid advertisements, etc. The direct or indirect collection of fees falls under the "purpose of profit" stipulated in Article 217 of the Criminal Law.
Article 217 of the Criminal Law "Without the permission of the copyright owner" refers to the situation of not obtaining the authorization of the copyright owner or forging or altering the copyright owner's authorization document or exceeding the scope of the authorization.
The act of disseminating other people’s written works, music, movies, television, video works, computer software and other works to the public through information networks, It should be regarded as "reproduction and distribution" as stipulated in Article 217 of the Criminal Law.
Article 12 The term "illegal business amount" as used in this Interpretation refers to the value of the perpetrator's manufacturing, storage, transportation, and sales of infringing products during the course of committing intellectual property infringement. What has been sold The value of the infringing products is calculated based on the actual sales price. The value of the infringing products that are manufactured, stored, transported and unsold is calculated based on the marked price or the actual average sales price of the infringing products that have been identified. The infringing products have no marked price or cannot be identified. The actual sales price shall be calculated based on the middle market price of the infringed product.
For repeated violations of intellectual property rights without administrative processing or criminal punishment, the illegal business amount, illegal income amount or sales amount will be calculated cumulatively.
The "piece" stipulated in Article 3 of this Interpretation refers to a mark with a complete trademark pattern.
Article 13 Implementation of Criminal Code 210 If the crime of counterfeiting a registered trademark is stipulated in Article 3 and the sale of goods with the counterfeit registered trademark constitutes a crime, he shall be convicted and punished for the crime of counterfeiting a registered trademark in accordance with the provisions of Article 213 of the Criminal Law.
Carry out the crime of counterfeiting registered trademarks stipulated in Article 213 of the Criminal Law, and Whoever knowingly sells goods with counterfeit registered trademarks of others constitutes a crime and shall be punished for several crimes.
Article 14 implements copyright infringement stipulated in Article 217 of the Criminal Law If a person commits a crime and then sells the infringing copies, which constitutes a crime, he shall be convicted and punished for the crime of copyright infringement in accordance with the provisions of Article 217 of the Criminal Law.
Implement the provisions of Article 217 of the Criminal Law If a person commits the crime of copyright infringement and knowingly sells the infringing copies of others, which constitutes a crime, he shall be punished for several crimes together.
Article 15 Units implement the 200th Criminal Code The acts specified in Articles 13 to 219 shall be convicted and sentenced in accordance with three times the conviction and sentencing standard for the corresponding individual crime stipulated in this Interpretation.
Article 16 Knowingly knowing that others are committing intellectual property infringement Anyone who commits a crime and provides him with loans, funds, account numbers, invoices, certificates, licenses, or provides facilities and assistance such as production and business premises or transportation, storage, import and export agency, shall be punished as an accomplice in the crime of infringement of intellectual property rights.
Article 17 Related infringement of knowledge previously published Judicial interpretations of property rights crimes that conflict with this interpretation will no longer apply after the implementation of this interpretation.
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