my country’s laws for the protection of intellectual property rights include the “Regulations of the People’s Republic of China on the Protection of New Plant Varieties”, the “Criminal Law of the People’s Republic of China”, and the “Trademark Law of the People’s Republic of China” ", "Patent Law of the People's Republic of China", "Copyright Law of the People's Republic of China", "Anti-Unfair Competition Law of the People's Republic of China" and other basic legal systems.

The "Copyright Law of the People's Republic of China" protects the copyrights of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, and encourages works that are beneficial to the construction of socialist spiritual civilization and material civilization. creation and dissemination, and promote the development and prosperity of socialist culture and science.

The Patent Law of the People's Republic of China protects the legitimate rights and interests of patentees, encourages inventions and creations, promotes the application of inventions and creations, improves innovation capabilities, and promotes scientific and technological progress and economic and social development.

The "Trademark Law of the People's Republic of China" aims to strengthen trademark management, protect the exclusive rights of trademarks, urge producers and operators to ensure the quality of goods and services, and maintain the reputation of trademarks, so as to protect consumers and producers and operators. interests of operators and promote the development of the socialist market economy.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 213 The crime of counterfeiting a registered trademark without the registration of the trademark owner License, use the same trademark as the registered trademark on the same kind of goods or services. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. and impose a fine. Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income 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 solely be fined; If the amount of income is huge or there are other particularly serious circumstances, the offender 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 219 The crime of infringement of trade secrets includes any of the following acts of infringement of trade secrets. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine. If the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than ten years. Fixed-term imprisonment and concurrent fines:

(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(2) ) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;

(3) Violate confidentiality obligations or violate the right holder’s requirements for keeping business secrets, disclose, use or allow others to use them; Use the trade secrets in their possession.

Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secrets.

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.

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