What to do if intellectual property infringement
In practice, infringement If the intellectual property behavior 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.
What are the infringements of intellectual property rights
(1 ) Use identical or similar trademarks, special signs, patents, works and other creative achievements in production, business, advertising, publicity, performance and other activities without authorization;
(2) Forgery or unauthorized manufacture of identical or similar trademarks, special signs or sale of forged or unauthorized manufactures of trademarks, special signs;
(3) Disguised use of identical or similar trademarks, special signs, patents, works and other creative achievements;
(4) Unauthorized use in enterprises and society The use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of groups, institutions, and private non-enterprise units and in the names of websites, domain names, place names, buildings, structures, places, etc.;
(5) Provide convenient conditions such as location, warehousing, transportation, mailing, and concealment for infringement;( 6) Other infringements that violate relevant national laws and regulations.
What are the penalties for intellectual property infringement
(1) Crime of counterfeiting a registered trademark.
According to Article 213 of the "Criminal Law", without the permission of the registered trademark owner , who uses the same trademark as his registered trademark on the same kind of goods, and if the circumstances are serious, 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 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 Penalty.
(2) Crime of selling goods with counterfeit registered trademarks.
According to " Article 214 of the Criminal Law, 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 also or solely be fined; if the sales amount is huge, he shall be sentenced to three years' imprisonment. to fixed-term imprisonment of not less than 10 years but not more than seven years, and to a fine.
(3) The crime of illegally manufacturing and selling illegally manufactured registered trademarks.
According to Article 215 of the "Criminal Law", whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks shall, if the circumstances are serious, be sentenced to not more than three years in prison. Fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely a fine; if the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years, and a fine.
(4) Crime of counterfeiting patents.
According to Article 216 of the "Criminal Law", whoever counterfeits the patents of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention, and concurrently or solely a fine.
(5) Crime of copyright infringement.
According to Article 217 of the Criminal Law, whoever commits any of the following copyright infringement situations for the purpose of profit, if the amount of illegal gains is relatively large, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to: Or a fine alone; if the amount of illegal gains is huge or 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 exclusive publishing rights; (3) Without recording or video recording Copying and distributing audio and video recordings made by the producer without the permission of the producer; (4) Producing and selling works of art 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, the person 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.
A person shall be sentenced to fixed-term imprisonment of not less than 3 years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and 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 The obligee discloses, uses or allows others to use the trade secrets in his possession according to the obligee's request to keep trade secrets.
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 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, crimes of infringement of intellectual property rights may also be dealt with as follows:
1. Section 1 of Chapter 3 of the Criminal Law ( The "crime of producing and selling counterfeit and inferior goods" stipulated in Articles 140-150) includes the production and sale of counterfeit and inferior products, counterfeit medicines, inferior medicines, food that does not meet hygienic standards, toxic and harmful food, medical equipment that does not meet standards, Nine crimes including products with safety standards, counterfeit pesticides, veterinary drugs, fertilizers, seeds, and cosmetics that do not meet health standards..
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.
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