Intellectual property is an intangible asset and our legal right to intellectual achievements. However, due to people's incomplete legal understanding of intellectual property rights, intellectual property rights infringement occurs from time to time. How does the law stipulate the punishment for infringing intellectual property rights? I have compiled relevant information for your understanding and reading.
Intellectual property rights mainly include patents, trademarks and copyrights, and the penalties for infringement of these three rights are as follows:
I. Punishment for Patent Infringement
administrative responsibility
For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
(2) Civil liability
1, stop the infringement
The patent infringer shall immediately stop the patent infringement under implementation according to the decision of the administrative department for patent work or the judgment of the people's court.
2. Compensation for losses
The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer;
Step 3 eliminate the impact
When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act to eliminate the adverse influence on the patented product.
(3) Criminal responsibility
In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.
Second, the punishment of trademark infringement
According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish the infringement of the exclusive right to use a registered trademark.
1. Order to stop the infringement.
Specific measures are as follows:
(1) ordered to stop selling immediately;
(2) Confiscating and destroying infringing goods;
(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.
Impose a fine
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances.
If a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.
3. Mediation of the amount of compensation for trademark infringement.
The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may bring a lawsuit to the people's court according to law.
Third, the punishment for copyright infringement.
1. Civil liability
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights and interests.
If the infringer commits the above acts, he shall stop the infringement, eliminate the influence, publicly apologize and compensate for the losses.
Two. Bear civil, administrative and criminal responsibilities.
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;
(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;
(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;
(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;
(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;
(eight) the production and sale of works signed by others.
In the above circumstances, in addition to stopping the infringement, eliminating the influence, apologizing, compensating for losses and other civil liabilities; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine;
If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If a crime is constituted, criminal responsibility shall be investigated according to law.
The above is the information about punishment for intellectual property infringement compiled by Bian Xiao. The law has relevant provisions on the punishment for infringement of intellectual property rights in terms of civil liability or criminal liability. However, the specific punishment standard should be analyzed and dealt with according to the specific damage situation. Intellectual property rights are intangible assets, so we should safeguard our rights. If you encounter problems in this area, it is recommended to find a professional lawyer to deal with them.