It really does not infringe on intellectual property rights;

If it is fake, of course it infringes on intellectual property rights. It may infringe on the exclusive rights of other people's registered trademarks or may infringe on other people's patent rights. It is a general infringement. It's just an administrative penalty

If the circumstances are serious, a sentence will be imposed

lt;lt;"Infringement of Intellectual Property Rights" in the Criminal Law

Second Article 113 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 shall be concurrently or solely fined; 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 Whoever 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 be sentenced to

Or a fine alone; 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: Anyone who forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, if the circumstances are serious, shall be punished

fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine;

If the circumstances are particularly serious, the sentence shall be not less than three years and not more than seven years, and concurrently fined

Gold.

Article 216 Whoever counterfeits the patent of others, if 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.

Fixed-term imprisonment or criminal detention of not more than one year, and concurrently or solely a fine; if the illegal income is huge or there are other particularly serious circumstances, the sentence is to be not less than three years but not more than seven years

He shall be sentenced to fixed-term imprisonment and shall also be fined:

(1) Reproduction and distribution of 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 their productions without the permission of the producers of audio and video recordings

Audio and video recording;

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

Article 218: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and obtains a huge amount of illegal gains, shall

He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 219: Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secrets

shall be sentenced to fixed-term imprisonment of not more than three years or

A person shall be put under criminal detention and shall also be fined or shall be fined; if the consequences are particularly serious, 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) Obtaining the business secrets of the obligee through theft, inducement, coercion or other improper means; (2) Disclosing, using or allowing others to use the means mentioned in the preceding paragraph to obtain them

The obligee’s trade secrets;

(3) Violating the agreement or violating the obligee’s requirements for keeping trade secrets, disclosing, using or permitting Others use the trade secrets in their possession

.

Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others

will be deemed to have infringed the trade secrets.

The term “trade secrets” as mentioned in this article refers to those that are not known to the public, can bring economic benefits to the rights holder

, are practical, and have been kept secret by the rights holders

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Technical information and business information.

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

.

Article 220 If a unit commits the crimes specified in Articles 213 to 211 of this Section

The unit shall be fined and The person in charge and other directly responsible persons who are directly responsible shall be punished in accordance with the provisions of each article in this section.

The Supreme People's Court and the Supreme People's Procuratorate

Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement

(November 2, 2004, Supreme People's Procuratorate) Adopted at the 1331st meeting of the Court's Adjudication Committee and the 28th meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on November 11, 2004, and effective from December 22, 2004)

In order to punish intellectual infringement according to law Property rights criminal activities and maintaining the socialist market economic order. According to the relevant provisions of the Criminal Law, several issues regarding the specific application of laws in handling criminal cases of intellectual property infringement are explained as follows:

Article 1 Without the permission of the registered trademark owner If a trademark that is the same as its registered trademark is used on the same kind of goods and falls under any of the following circumstances, it falls under the "serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not more than three years or to the crime of counterfeiting a registered trademark. Criminal detention, and concurrently or solely a fine:

(1) The illegal business amount exceeds 50,000 yuan or the illegal income amount exceeds 30,000 yuan;

(2) Counterfeiting More than one registered trademark, the amount of illegal business operations is more than 30,000 yuan or the amount of illegal income is more than 20,000 yuan;

(3) Other serious circumstances.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 213 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks :

(1) The amount of illegal business operations is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan;

(2) Counterfeiting two or more registered trademarks, The amount of illegal business operations is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan;

(3) Other particularly serious circumstances.

Article 2: Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan, falls within the category of "relatively large amounts" stipulated in Article 214 of the Criminal Law, and shall be registered as selling counterfeit goods. Those who commit trademark crimes 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 more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law, and shall be sentenced to not less than three years but not more than seven years for the crime of selling goods with counterfeit registered trademarks. Imprisonment and a fine.

Article 3: Anyone who forges or manufactures registered trademarks of others without authorization or sells registered trademarks that have been forged or manufactured without authorization and meets any of the following circumstances shall fall under the category of "serious circumstances" stipulated in Article 215 of the Criminal Law. ” shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance for the crime of illegally manufacturing or selling illegally manufactured registered trademarks, and shall also or solely be fined:

(1) Counterfeiting, unauthorized manufacturing or selling of counterfeit goods , The number of registered trademarks produced without authorization is more than 20,000, or the amount of illegal business operations is more than 50,000 yuan, or the amount of illegal income is more than 30,000 yuan;

(2) Counterfeiting, unauthorized production or Selling counterfeit or unauthorized manufacturing of two or more registered trademarks in quantity of more than 10,000 pieces, or the illegal business amount is more than 30,000 yuan, or the illegal income amount is more than 20,000 yuan;

(3) Others Serious situation.

Anyone who has any of the following circumstances falls under the "particularly serious circumstances" stipulated in Article 215 of the Criminal Law and shall be sentenced to not less than three years and seven years for the crime of illegally manufacturing and selling illegally manufactured registered trademarks. The following shall be punished with fixed-term imprisonment and shall also be fined:

(1) Counterfeiting, manufacturing without authorization, or selling registered trademarks with a quantity of more than 100,000, or illegal business amount exceeding 250,000 yuan , or the amount of illegal income is more than 150,000 yuan;

(2) Counterfeiting, manufacturing without authorization, or selling forged or manufacturing two or more registered trademarks without authorization, the number of which is more than 50,000, or the amount of illegal business operations The amount of illegal income exceeds 150,000 yuan, or the amount of illegal income exceeds 100,000 yuan;

(3) Other particularly serious circumstances.

Article 4: Anyone who counterfeits another person’s patent and falls under any of the following circumstances shall fall under the “serious circumstances” stipulated in Article 216 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a patent. , and be fined or solely fined:

(1) The amount of illegal business operations exceeds 200,000 yuan or the amount of illegal income exceeds 100,000 yuan;

(2) Granting a patent The right holder causes a direct economic loss of more than 500,000 yuan;

(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income of more than 50,000 yuan;

(4) Other serious circumstances.

Article 5: If one of the copyright infringement acts listed in Article 217 of the Criminal Law is carried out for the purpose of profit, and the amount of illegal income is more than 30,000 yuan, it is classified as "the amount of illegal income is relatively large" ; Anyone who has any of the following circumstances shall be deemed to have "other serious circumstances" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also be fined or shall be fined alone:

(1) Illegal business amount More than 50,000 yuan;

(2) Reproduction and distribution of written works, music,

movies, television, video works, computer software and other works without the permission of the copyright owner , the total number of copies exceeds one thousand (copies);

(3) Other serious circumstances.

Any person who commits one of the copyright infringement acts listed in Article 217 of the Criminal Law for the purpose of profit, and the amount of illegal income is more than 150,000 yuan, is classified as a "huge amount of illegal income"; he has the following If one of the circumstances falls under "other particularly serious circumstances", he shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years for the crime of copyright infringement, and shall also be fined:

(1) The illegal business amount is more than 25 More than 10,000 yuan;

(2) Reproduction and distribution of written works, music,

movies, television, video works, computer software and other works without the permission of the copyright owner, copying The total number of items exceeds 5,000 pieces (copies);

(3) Other particularly serious circumstances.

Article 6 If the act stipulated in Article 218 of the Criminal Law is carried out for the purpose of profit, and the amount of illegal income is more than 100,000 yuan, it belongs to "the amount of illegal income is huge" and should be treated as the sale of infringing products. The crime of making copies shall be punished with fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be punished with a fine.

Article 7: Carrying out one of the acts stipulated in Article 219 of the Criminal Law, causing losses of more than 500,000 yuan to the right holder of a trade secret, shall be classified as "causing significant losses to the right holder" ” shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringement of trade secrets, and shall also be fined or shall be fined alone.

If the amount of losses caused to the owner of a trade secret exceeds 2.5 million yuan, it falls under the category of "causing particularly serious consequences" stipulated in Article 219 of the Criminal Law and shall be charged with the crime of infringement of trade secrets. 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.

The "identical trademark" stipulated in Article 8 of the Criminal Law, Article 213, refers to the same trademark as the counterfeited registered trademark, or is basically visually indistinguishable from the counterfeited registered trademark. , trademarks that are sufficient to mislead the public.

The "use" stipulated in Article 213 of the Criminal Law refers to using a registered trademark or a counterfeit registered trademark on goods, product packaging or containers, product instructions, and product transaction documents, or using a registered trademark or a counterfeit registered trademark Trademarks or counterfeit registered trademarks are used for advertising, exhibitions, and other commercial activities.

Article 9 The "sales amount" stipulated in Article 214 of the Criminal Law refers to all illegal income earned and due from the sale of goods with counterfeit registered trademarks.

Anyone who has any of the following circumstances shall be deemed to be "knowingly" as stipulated in Article 214 of the Criminal Law:

(1) Knowing that the registration on the goods he sells is The trademark has been altered, replaced or covered;

(2) Having been subject to administrative penalties or civil liability for selling goods with counterfeit registered trademarks, and then selling the same goods with counterfeit registered trademarks;

(3) Forging or altering the authorization document of the trademark registrant or knowing that the document has been forged or altered;

(4) Other situations where the person knows or should know that the goods are counterfeit registered trademarks.

Article 10: Anyone who commits any of the following acts shall fall under the act of “counterfeiting the patent of others” stipulated in Article 216 of the Criminal Law:

(1) Without permission, Marking other people’s patent numbers on the products or product packages they manufacture or sell;

(2) Using other people’s patent numbers in advertisements or other promotional materials without permission, causing others to Mistakenly believing that the technology involved in the contract is someone else’s patented technology;

(3) Using someone else’s patent number in the contract without permission, causing others to mistake the technology involved in the contract as someone else’s patented technology;

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(4) Forging or altering other people’s patent certificates, patent documents or patent application documents.

Article 11 The situation of collecting fees directly or indirectly by publishing paid advertisements or other methods falls under the "purpose of profit" stipulated in Article 217 of the Criminal Law.

“Without the permission of the copyright owner” as stipulated in Article 217 of the Criminal Law refers to the situation of not obtaining the authorization of the copyright owner or forging or altering the copyright owner’s authorization document or exceeding the scope of authorization.

The act of disseminating other people’s written works, music, movies, television, video works, computer software and other works to the public through information networks shall be regarded as “reproduction and distribution” as stipulated in Article 217 of the Criminal Law. ".

Article 12 The term “illegal business amount” as mentioned in this Interpretation refers to the value of the perpetrator’s manufacturing, storage, transportation, and sales of infringing products during the course of committing intellectual property infringement. The value of the infringing products sold is calculated based on the actual sales price. The value of manufactured, stored, transported and unsold infringing products shall be calculated based on the marked price or the actual average sales price of the identified infringing products. If the infringing product has no price tag or its actual sales price cannot be ascertained, the calculation shall be based on the market median price of the infringed product.

For repeated violations of intellectual property rights without administrative processing or criminal punishment, the illegal business amount, illegal income amount or sales amount will be calculated cumulatively.

The "piece" stipulated in Article 3 of this Interpretation refers to a mark with a complete trademark pattern.

Article 13: Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods with the counterfeit registered trademark, which constitutes a crime, shall be prosecuted in accordance with Article 213 of the Criminal Law. According to the provisions of the regulations, the person shall be convicted and punished for the crime of counterfeiting a registered trademark.

Whoever commits the crime of counterfeiting a registered trademark stipulated in Article 213 of the Criminal Law and sells goods that are knowingly owned by others with counterfeit registered trademarks, which constitutes a crime, shall be punished for several crimes.

Article 14 If one commits the crime of copyright infringement as stipulated in Article 217 of the Criminal Law and then sells the infringing copies, which constitutes a crime, the person shall comply with the provisions of Article 217 of the Criminal Law. Convicted and punished for copyright infringement.

Whoever commits the crime of copyright infringement stipulated in Article 217 of the Criminal Law and sells the infringing copies knowingly belonging to others, which constitutes a crime, shall be punished for several crimes together.

Article 15 If a unit commits acts stipulated in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced according to three times the conviction and sentencing standard for the corresponding individual crime stipulated in this Interpretation. .

Article 16 Knowingly knowing that others have committed crimes of intellectual property infringement, providing them with loans, funds, account numbers, invoices, certificates, licenses, or providing production and business premises or transportation, storage, or import and export agency Those who provide conveniences and assistance will be punished as criminals who commit crimes of intellectual property infringement.

Article 17 If previously issued judicial interpretations on the crime of infringement of intellectual property rights conflict with this interpretation, they will no longer apply after the implementation of this interpretation.