What is the sentencing standard for the crime of intellectual property infringement
The sentencing standards for the crime of intellectual property infringement are as follows: 1. The crime of counterfeiting registered trademarks: The crime of counterfeiting registered trademarks refers to violating national trademark management regulations, without registering The trademark owner has given permission to use the same trademark as his registered trademark on the same trademark. The serious behavior and the crime referred to in this crime include four aspects.
(1) There must be an act of using someone else’s registered trademark (counterfeiting someone else’s unregistered trademark does not constitute this);
(2) This use must be without the permission of the registered trademark owner;
(3) It must be in Using the same trademark as another’s registered trademark on the same type of goods;
(4) The act of counterfeiting another’s registered trademark must be serious to constitute a crime. 2. The crime of selling goods with counterfeit registered trademarks: refers to the act of selling goods with counterfeit registered trademarks of others and the sales amount is relatively large. This crime is closely related to the crime of counterfeiting registered trademarks, but it only occurs in the field of circulation. The perpetrator must knowingly sell the goods with counterfeit trademarks, otherwise this crime will not be committed. The statutory penalties are also divided into two levels: if the sales amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years, or concurrently or solely with a fine; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined. The amount here clearly refers to the sales amount, not the operating amount, nor the amount of illegal income. The penalty standard is that the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan. According to the new judicial interpretation, it is worth noting that selling more than 5,000 pirated discs can result in a prison sentence of 3 to 7 years. (For larger amounts, refer to 50,000 yuan for the production and sale of counterfeit products; 200,000 yuan is a huge amount) 3. Registered trademarks, or selling counterfeit or unauthorized registered trademarks, serious acts. The criminal object of this crime is a trademark logo, and it is only a trademark logo registered by others. The legal punishment is also divided into two levels: if the circumstances are serious, the sentence shall be fixed-term imprisonment of not more than three years. Criminal detention or, concurrently or solely with a fine; 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. The penalty standard is that the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan. According to the new judicial interpretation, it is worth noting that selling more than 5,000 pirated discs can result in a prison sentence of 3 to 7 years. 4. The crime of copyright infringement refers to violating the provisions of copyright law for the purpose of profit. Without the permission of the copyright owner, infringe the exclusive rights of others' copyrights, obtain a large amount of illegal income, or have other serious circumstances. The specific legal acts include four types: first, copying and distributing the copyright owner’s written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; second, publishing books for which others have exclusive publishing rights. ; third, copying and distributing audio and video recordings without the permission of the audio and video producers; fourth, producing and selling works of art that counterfeit the signatures of others. Any one of the above four behaviors can constitute this crime. Of course, a large amount of illegal income or other serious circumstances are also necessary conditions for constituting this crime. Otherwise, it can only be treated as a general infringement. The statutory penalty for this crime is divided into two levels: if the amount of illegal income 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 also or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. The criteria for huge amounts are: less than 200,000 yuan for an individual and less than 1 million yuan for an entity; or the amount of illegal business is less than 1 million yuan for an individual and more than 5 million yuan for an entity, or it causes other particularly serious consequences. 5. The crime of selling infringing copies: This crime refers to the act of selling knowingly infringing copies for the purpose of profit and obtaining a huge amount of illegal income. "Infringing copy" refers to the illegal reproduction and distribution of the copyright owner's written works, music, movies, television, video products, computer software and other works without the permission of the copyright owner; or illegal reproduction without the permission of the producer of the sound or video Release audio and video recordings made by them. To constitute this crime, the crime must be made with full knowledge and for the purpose of profit, and the amount of illegal income must be huge (the judicial interpretation stipulates that the amount of illegal income exceeds 100,000 yuan for individuals and 500,000 yuan for units). The statutory penalty for this crime is fixed-term imprisonment of not more than three years or criminal detention, and a fine or a fine alone. 6. The crime of counterfeiting patents: refers to violations of national patent management regulations and the serious act of counterfeiting patents granted to others within the statutory validity period of patents. The specific manifestations of patent counterfeiting behavior are: within the validity period of patents stipulated by law, Making, using or selling patented inventions without the permission of the patentee; deceptively registering as the patentee, patent assessee or patent license holder; using one's own non-patented technology to pass off as the patented technology of others , etc., "serious circumstances" (large amount of profit, bad influence, large losses to the patentee) are also necessary conditions for constituting the crime of patent infringement, and are the main boundary between crimes and general infringements. 7. Crime of infringement of trade secrets: The crime of infringement of trade secrets refers to violation of trade secret protection regulations, infringement of trade secrets, and causing significant damage to the right holder of the trade secrets.wrong behavior. The so-called trade secrets in this crime refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are only practical and the right holder has taken confidentiality measures. There are three forms of statutory infringement of trade secrets: first, obtaining the right holder's business secrets through theft, inducement, coercion or other unfair means; second, disclosing, using or allowing others to use the right holder's business secrets obtained by the means mentioned in the preceding paragraph. The second is to violate the agreement or the obligee's requirement to keep business secrets by disclosing, using or allowing others to use the business secrets in his possession. Having one of the above three behaviors constitutes this crime. At the same time, the above-mentioned behavior must cause significant losses to the owner of the trade secret before it can be punished as a crime. The so-called major losses generally refer to major losses in economic interests, which mainly include serious damage to business activities, serious economic losses, unsaleable goods, serious backlogs, serious setbacks in for-profit services, etc. The legal penalty for this crime is divided into two levels: those who cause heavy losses to the right holder shall be sentenced to imprisonment of not more than one year or criminal detention, and may also be fined, or shall be fined alone; those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined.
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