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What are intellectual property rights?

According to the definition of my country's "General Principles of Civil Law", intellectual property rights include: copyright (or copyright), patent rights, trademark rights, discovery rights, invention rights and other rights to scientific and technological achievements. Since the right to discovery itself cannot be It is directly used in industrial and agricultural production, that is, it does not have a property nature, and many countries do not protect it as copyright and related intellectual property rights.

Legal basis:

"Intellectual Property Law of the People's Republic of China"

Article 3 Works referred to in this law include the following forms Creative works of literature, art, natural sciences, social sciences, engineering technology, etc.:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, and dance works;

(4) Fine arts and photography works;

(5) Film, television, and video works;

(6) Engineering design, product design drawings and their descriptions;

(7) Maps, schematic diagrams and other graphic works;

(8) Computer software;

(9) Other works stipulated in laws and administrative regulations.

Article 213: For the crime of counterfeiting a registered trademark, anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, 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 with a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with 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. A fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 215: The crime of illegally manufacturing and selling illegally manufactured registered trademarks and signs. Counterfeiting and unauthorized production of registered trademarks and signs of others, or selling forged and unauthorized registered trademarks and signs. If the circumstances are serious, he shall be punished with a three-year fine. to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely to a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently to a fine.

Article 216: For the crime of patent counterfeiting, those who pass off the patents of others and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 217: Anyone who commits the crime of copyright infringement for the purpose of making profits, commits one of the following copyright infringement circumstances, has a relatively large amount of illegal gains, or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention , and shall be punished with a fine or solely; if the amount of illegal income is huge or there are other particularly serious circumstances, the sentence shall be between three years and not more than seven years in prison, and shall also be fined:

(1) Without the permission of the copyright owner, Copying and distributing his written works, music, movies, television, video works, computer software and other works;

(2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings without the permission of the audio and video producers;

(4) Producing and selling works of art that counterfeit the signatures of others.

Article 218: The crime of selling infringing copies for the purpose of profit. Whoever knowingly sells infringing copies as stipulated in Article 217 of this Law and obtains a huge amount of illegal gains shall be punished with a three-year fine. shall be sentenced to fixed-term imprisonment of not more than 10 years or criminal detention, and shall also or solely be fined.

Article 219: Whoever commits the crime of infringing on trade secrets by one of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, 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 shall be imposed alone; if particularly serious consequences are caused, the person 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) Obtaining the right holder’s commercial property through theft, inducement, coercion or other unfair means Secret;

(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the preceding paragraph;

(3) Violating the agreement or violating the right holder’s relevant confidentiality requirements Requirements for trade secrets, disclosing, using or allowing others to use trade secrets in their possession.