The Copyright Law of People's Republic of China (PRC) protects the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourages the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promotes the development and prosperity of socialist culture and science.
The Patent Law of People's Republic of China (PRC) protects the legitimate rights and interests of patentees, encourages inventions and creations, promotes the application of inventions and creations, improves innovation ability, and promotes scientific and technological progress and economic and social development.
The Trademark Law of People's Republic of China (PRC) aims to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of socialist market economy.
legal ground
Criminal law of the people's Republic of China
Article 213 The crime of counterfeiting a registered trademark refers to using the same trademark as its registered trademark on the same commodity or service without the permission of the registered trademark owner. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Article 214 Crime of Selling Goods with Counterfeit Registered Trademarks Whoever knowingly sells goods with counterfeit registered trademarks, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income 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 10 years and shall also be fined. Article 219 The crime of infringing trade secrets commits one of the following acts of infringing trade secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined:
(1) Obtaining the business secrets of the obligee by improper means such as theft, bribery, fraud, coercion or electronic intrusion;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of confidentiality obligations or the requirements of the obligee to keep business secrets.
In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the theory of trade secret.
The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.