What are the criteria for filing a crime of intellectual property infringement
Infringement of intellectual property rights refers to the violation of intellectual property protection regulations, without Illegal use of intellectual property rights with the permission of the intellectual property owner, infringement of the state's management order of intellectual property rights and the legitimate rights and interests of the intellectual property owner, illegal gains in large Amounts or serious circumstances.
Infringement of intellectual property rights mainly includes: counterfeiting registered trademarks crimes, selling goods with counterfeit registered trademarks, illegal manufacturing and selling illegally manufactured registered trademarks, counterfeiting patents, copyright infringement, selling infringing copies, infringement of trade secrets and other crimes.
"Supreme People's Procuratorate and Ministry of Public Security's Jurisdiction of Public Security Organs" Provisions on the Standards for Filing and Prosecution of Criminal Cases (2)" Article 69 [Counterfeiting Registered Trademark Cases (Criminal Law Article 213)] Using the registered trademark on the same product without the permission of the owner of the registered trademark If the same trademark is suspected of any of the following circumstances, a case should be filed for prosecution:
(1) The illegal business amount exceeds 50,000The 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) Other serious circumstances.
Article 70 [Sales of counterfeit registered trademarks Commodity Cases (Criminal Law Article 214)] Anyone who knowingly sells goods that are counterfeit registered trademarks and is suspected of one of the following circumstances shall be prosecuted:
(1) The sales amount is more than 50,000 yuan;
(2) Not yet sold, with a value of more than 150,000 yuan;
(3) The sales amount is less than 50,000 yuan, but the amount sold is different from the amount yet to be sold The total value of the goods is more than 150,000 yuan.
Article 71 [Illegal manufacturing and sales Cases of illegally manufactured registered trademarks (Criminal Law Article 215)] Anyone who forges or manufactures registered trademarks of others without authorization or sells counterfeit or unauthorized registered trademarks and is suspected of one of the following circumstances shall be prosecuted:
(1) Counterfeiting, manufacturing without authorization, or selling counterfeit or unauthorized registered trademarks in more than 20,000 pieces, or illegal business volume The amount of illegal income is more than 50,000 yuan, or the illegal income is more than 30,000 yuan;
(2) Forgery, unauthorized manufacture or sale of forged or unauthorized manufacture of two or more registered trademarks, the number of which exceeds 10,000, or the illegal business amount exceeds 30,000 yuan, or the illegal income amount exceeds 20,000 yuan Yuan or more;
(3) Other serious circumstances situation.
Article 72 [Counterfeiting Patent Case (Criminal Law Article 216)] Anyone who counterfeits another person’s patent and is suspected of one of the following circumstances shall be prosecuted:
(1) The illegal business amount is more than 200,000 yuan or the illegal income amount 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 , the illegal business amount is more than 100,000 yuan or the illegal income amount is more than 50,000 yuan;
(4) Other serious circumstances.
Article 73 [Case of Infringement of Trade Secrets (Criminal Law Article 219)] Anyone who infringes on trade secrets and is suspected of one of the following circumstances shall be prosecuted:
(1) The amount of loss caused to the owner of the trade secret is more than 500,000 yuan The above;
(2) Due to infringement of trade secrets The amount of illegal income exceeds 500,000 yuan;
(3) Causing the bankruptcy of the owner of the trade secret;
(4) Other circumstances that cause significant losses to the owner of the trade secret.
Different crimes have different standards for filing cases. We can understand the actual situation according to the law, find legal basis, and help us better solve practical problems. If you have encountered other laws in your life If you have any questions, we also welcome you to go to the Legal Savior Network for online consultation.
