Crimes against intellectual property rights mainly include: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing and selling goods with illegally manufactured registered trademarks, the crime of counterfeiting patents, the crime of infringing copyrights, the crime of selling infringing copies, and the crime of infringing trade secrets.
The standard of prosecution for infringement of intellectual property rights depends on different crimes. Crimes against intellectual property rights mainly include: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing and selling goods with illegally manufactured registered trademarks, the crime of counterfeiting patents, the crime of infringing copyrights, the crime of selling infringing copies and the crime of infringing trade secrets.
1, crime of counterfeiting registered trademarks
The crime of counterfeiting a registered trademark refers to a serious act in which the directly responsible personnel of enterprises and institutions or individual industrial and commercial households use the same trademark on the same commodity without the permission of the registered trademark owner, which violates the national trademark management regulations.
In any of the following circumstances, a case shall be filed:
(a) the amount of illegal business is more than 50 thousand yuan or the amount of illegal income is more than 30 thousand 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.
2. Crime of selling goods with counterfeit registered trademarks
The crime of selling goods with counterfeit registered trademarks refers to the act of enterprises, institutions or individuals selling goods that they know are counterfeit registered trademarks.
Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan shall file a case.
3. The crime of illegally manufacturing and selling illegally manufactured registered trademark marks.
The crime of illegally manufacturing or selling the illegally manufactured registered trademark marks refers to the act of illegally manufacturing or selling the illegally manufactured registered trademark marks of others, with a large amount of illegal income or other serious circumstances.
In any of the following circumstances, a case shall be filed:
(1) Forging, manufacturing or selling more than 20,000 forged or unauthorized registered trademarks, or the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan;
(2) Forging, manufacturing or selling more than 1 10,000 forged or manufactured trademarks without authorization, or the illegal business amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
4. Crime of counterfeiting patents
The crime of counterfeiting patent refers to the act of counterfeiting another person's patent without the permission of the patentee, and the circumstances are serious.
In any of the following circumstances, a case shall be filed:
(a) the amount of illegal business is more than two hundred thousand yuan or the amount of illegal income is more than one hundred thousand yuan;
(2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan;
(4) Other serious circumstances.
5. Crime of copyright infringement
The crime of copyright infringement refers to the act of copying and distributing written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, or publishing books with exclusive publishing rights for others, or copying and distributing audio and video products made by the audio and video producers without the permission of the audio and video producers, or making and selling art works with fake signatures of others, with a large amount of illegal income or other serious circumstances.
In any of the following circumstances, a case shall be filed:
(a) the amount of illegal business is more than 50 thousand yuan or the amount of illegal income is more than 30 thousand yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, with a total of more than 500 copies;
(3) Other serious circumstances.
6. Crime of selling infringing copies
The crime of selling infringing copies refers to the act of selling written works, music, movies, television, audio and video products, computer software, books with exclusive publishing rights enjoyed by others, and works of art signed by others for profit, and the illegal gains are huge.
If the amount of illegal income is more than 654.38+10,000 yuan, it shall be placed on file.
7. Crime of infringing trade secrets
The crime of infringing on business secrets refers to the act of obtaining the business secrets of the obligee by illegal means such as theft, inducement or coercion, or disclosing, using or allowing others to use the business secrets of the obligee obtained by illegal means, or disclosing, using or allowing others to use the business secrets held by the obligee in violation of the agreement or the obligee's requirements on keeping business secrets, thus causing heavy losses to the obligee of business secrets.
Infringement of trade secrets, causing direct economic losses of more than 500 thousand yuan to the owner of trade secrets, should be placed on file.
What needs to be clear is that there are different behaviors according to the types of intellectual property rights, and each has different filing standards. It's clearly stipulated by law. You can clearly understand the actual situation according to the law, find the legal basis, and file a case according to different illegal and criminal acts.
Legal basis:
Article 69 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (II)? [Case of Counterfeiting a Registered Trademark (Article 213 of the Criminal Law)] If a trademark identical to its registered trademark is used on the same commodity without the permission of the registered trademark owner, it shall be filed for prosecution under any of the following circumstances:
(a) the amount of illegal business is more than 50 thousand yuan or the amount of illegal income is more than 30 thousand 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? [Case of selling goods with counterfeit registered trademarks (Article 2 14 of the Criminal Law)] Anyone who knowingly sells goods with counterfeit registered trademarks and is suspected of any of the following circumstances shall file a case for prosecution:
(a) the sales amount is more than fifty thousand yuan;
(two) has not been sold, the value of more than one hundred and fifty thousand yuan;
(3) The sales amount is less than 50,000 yuan, but the sum of the sold amount and the unsold amount is more than 150,000 yuan.
Article 71? [Illegal manufacture and sale of illegally manufactured registered trademark marks (Article 2 15 of the Criminal Law)] Whoever forges or sells another person's registered trademark marks without authorization and is suspected of any of the following circumstances shall file a case for prosecution:
(1) Forging, manufacturing or selling more than 20,000 forged or unauthorized registered trademarks, or the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan;
(2) Forging, manufacturing or selling more than 1 10,000 forged or manufactured trademarks without authorization, or the illegal business amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan;
(3) Other serious circumstances.
Article 72? [Counterfeiting Patent Case (Article 2 16 of the Criminal Law)] Anyone who counterfeits another person's patent and is suspected of one of the following circumstances shall file a case for prosecution:
(a) the amount of illegal business is more than two hundred thousand yuan or the amount of illegal income is more than one hundred thousand yuan;
(2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan;
(4) Other serious circumstances.
Article 73? [Case of Infringement of Trade Secrets (Article 2 19 of the Criminal Law)] Anyone who infringes trade secrets and is suspected of one of the following circumstances shall file a case for prosecution:
(1) Causing losses of more than 500,000 yuan to the obligee of trade secrets;
(two) the amount of illegal income from infringement of business secrets is more than 500 thousand yuan;
(3) Causing the business secret obligee to go bankrupt;
(four) other circumstances that cause great losses to the right holder of trade secrets.