The judicial interpretations on intellectual property cases include which)
"The Supreme People's The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" was issued at the 1331st meeting of the Judicial Committee of the Supreme People's Court on November 2, 2004, and by the Supreme People's Procuratorate at its 1331st meeting on November 11, 2004. Adopted at the 28th meeting of the 10th Procuratorate Committee, it is hereby announced and will come into effect on December 22, 2004.
December 8, 2004
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, According to the relevant provisions of the criminal law, several issues concerning the specific application of laws 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 registered trademark owner shall fall under the following circumstances If one of the following is a "serious case" as stipulated in Article 213 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 counterfeiting a registered trademark, and shall also or solely be fined:
(1) The amount of illegal business is More than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;
(2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan;
(3) Others Serious situation.
Having one of the following circumstances falls into the category of "especially serious circumstances" stipulated in Article 213 of the Criminal Law ”, should 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 counterfeiting registered trademarks:
(1) The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;
( 2) Counterfeiting two or more registered trademarks, the illegal business amount is more than 150,000 yuan or the illegal income amount is more than 100,000 yuan;
(3) Other particularly serious circumstances.
Article 2 Anyone who knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, falls into the category of "relatively large amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to three years for the crime of selling goods with counterfeit registered trademarks. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.
If the sales amount is more than 250,000 yuan, it falls into the category of "huge amount" stipulated in Article 214 of the Criminal Law, and should be registered as a counterfeit sale Those who commit trademark-related commodity 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.
Article 3: Counterfeiting or unauthorized manufacturing of registered trademarks of others or selling forged or unauthorized registered trademarks and any of the following circumstances shall be punished by criminal law For "serious circumstances" as stipulated in Article 215, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance for the crime of illegally manufacturing and selling illegally manufactured registered trademarks, and shall also or solely be fined:
(1) Forgery , The number of counterfeit or unauthorized manufactured registered trademarks and signs is more than 20,000, or the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 30,000 yuan;
(2) Forgery, unauthorized manufacture or Selling counterfeit or unauthorized manufacturing of more than 10,000 registered trademarks or logos, or the amount of illegal business operations is more than 30,000 yuan, or the amount of illegal income is more than 20,000 yuan;(3) Other serious circumstances.
Has In any of the following circumstances, which falls under the "particularly serious circumstances" stipulated in Article 215 of the Criminal Law, the person 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 illegally manufacturing and selling illegally manufactured registered trademarks:
(1) The number of counterfeited or unauthorized manufactured registered trademarks or signs exceeds 100,000, or the amount of illegal business operations exceeds 250,000 yuan, or the amount of illegal income exceeds 150,000 yuan;
(2) The number of counterfeited or unauthorized manufactured or sold two or more registered trademarks exceeds 50,000, or the amount of illegal business operations exceeds 150,000 yuan, or the amount of illegal income exceeds 100,000 yuan;
( 3) Other particularly serious circumstances.
Article 4: Anyone who counterfeits someone else’s patent and falls under any of the following circumstances shall fall under the category of “serious circumstances” stipulated in Article 216 of the Criminal Law:"Serious" shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting patents, and shall also or solely be fined:
(1) The amount of illegal business operations is more than 200,000 yuan or the amount of illegal income is more than 100,000 yuan;
( 2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(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;
(四)Other serious circumstances.
Article 5 If one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out for the purpose of profit, and the amount of illegal gains is more than 30,000 yuan, it shall be classified as "the amount of illegal gains is relatively large" "; Anyone who has any of the following circumstances shall be deemed to have "other serious circumstances" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also be fined or shall be fined alone:
(1) Illegal The business amount is more than 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 the total number of copies exceeding one thousand (copies) ) or above;
(3) Other serious circumstances.
For the purpose of profit, one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out, and the amount of illegal gains is If the amount exceeds 150,000 yuan, it is classified as "a huge amount of illegal gains"; if one of the following circumstances occurs, it is classified as "having other particularly serious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of copyright infringement, and shall also be fined:
(1) The illegal business amount exceeds 250,000 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 the total number of copies exceeding 5,000 copies;
(3) Other particularly serious plot situation.
Article 6: Anyone who commits an act stipulated in Article 218 of the Criminal Law for the purpose of profit, and the amount of illegal gains is more than 100,000 yuan, is considered a "huge amount of illegal gains" and shall be sentenced to three years for the crime of selling infringing copies. The following persons shall be sentenced to fixed-term imprisonment or criminal detention, in addition or solely to a fine.
Article 7: Carrying out one of the acts stipulated in Article 219 of the Criminal Law, causing 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 Those who are found guilty of infringing trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined alone.
GiveIf the owner of a trade secret causes losses exceeding RMB 2.5 million, it falls under the category of "causing particularly serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to a fixed term of not less than three years but not more than seven years for the crime of infringement of trade secrets. imprisonment, and a fine.
Article 8 "Identical trademark" as stipulated in Article 213 of the Criminal Law means that it is exactly the same as the counterfeited registered trademark, or is basically visually indistinguishable from the counterfeited registered trademark and is sufficient to mislead the public. 's trademark.
"Use" as stipulated in Article 213 of the Criminal Law refers to using a registered trademark or a counterfeit registered trademark on goods, commodity packaging or containers, product instructions, and commodity transaction documents, or using a registered trademark or a counterfeit registered trademark For advertising, exhibitions and other commercial activities.
Article 9 The "sales amount" stipulated in Article 214 of the Criminal Law refers to all illegal income earned and due from the sale of goods with counterfeit registered trademarks.
Anyone who has any of the following circumstances shall be deemed to be "knowingly" as 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) Received administrative penalties for selling goods with counterfeit registered trademarks Or have undertaken civil liability and sold the same product with a counterfeit registered trademark;
(3) Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered;
(4) Others know or should know that it is counterfeit The situation of goods with registered trademarks.
Article 10: Anyone who commits any of the following acts shall fall under the act of "counterfeiting the patent of others" stipulated in Article 216 of the Criminal Law:
(1) Manufacturing or selling without permission products and product packagingMarking the patent number of others;
(2) Using someone else's patent number in advertisements or other promotional materials without permission, causing people to mistake the technology involved as someone else's patented technology;
(3) Without permission, Using someone else’s patent number in a contract may cause others 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 The situation of collecting fees directly or indirectly by publishing paid advertisements, etc., falls under the "purpose of profit" stipulated in Article 217 of the Criminal Law.
"Without the permission of the copyright owner" as stipulated in Article 217 of the Criminal Law refers to situations where the copyright owner's authorization is not obtained or the copyright owner's authorization document is forged or altered, or the scope of the authorization is exceeded.
Disseminate other people’s written works to the public through information networks, The act of music, movies, television, video works, computer software and other works shall be regarded as "copying 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. The value of the infringing products sold is calculated based on the actual sales price. The value of manufactured, stored, transported and unsold infringing products shall be calculated based on the marked price or the actual average sales price of the identified infringing products. If the infringing product has no price tag or its actual sales price cannot be ascertained, the calculation shall be based on the market median 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.
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