Abstract: Intellectual property rights refer to an honor given to citizens who have achieved artistic or technical achievements through their own intellectual conditions and have been identified by law. No one may infringe on intellectual property rights. What should you do when you find that your intellectual property rights have been infringed? Below, the editor has compiled relevant information for you. Let’s take a look and understand it together. I hope it will be helpful to you! Definition of Intellectual Property Infringement The so-called intellectual property infringement refers to the behavior of an actor that objectively infringes upon the property rights or personal rights of others’ intellectual property rights and should bear civil liability.

Identification of Intellectual Property Infringement Scope of Intellectual Property Infringement 1. Industrial technological achievements;

2. Commercial signs;

3. Literature;

5. Other industrial and commercial information, etc.

Specifically: It refers to inventions and creations protected by patents, trademarks protected by trademarks, trade secrets protected by copyright, new plant varieties protected by special protection, integrated circuit layout designs, special signs, etc.

How to determine intellectual property infringement 1. The act of manufacturing patented products without permission;

2. The act of intentionally using invention or utility model patented products;

3. The act of selling or promising to sell unlicensed patented products;

4. The act of using patented methods and using, selling, or promising to sell products directly obtained according to patented methods;

5. The act of importing patented products or products obtained directly by patented methods;

6. The act of counterfeiting other people’s patents;

7. The act of passing off patents.

Penalty standards for intellectual property infringement 1. Crime of counterfeiting registered trademarks

According to Article 213 of the "Criminal Law", without the permission of the registered trademark owner, on the same kind of goods Anyone who uses a trademark that is the same as his or her 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 also be fined, or shall be fined alone; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

2. The crime of selling goods with counterfeit registered trademarks

According to Article 214 of the Criminal Law, those who knowingly sell 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; if the sales amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

3. The crime of illegally manufacturing and selling illegally manufactured registered trademarks

According to Article 215 of the "Criminal Law", counterfeiting or unauthorized manufacturing of other people's registered trademarks or selling forged , registered trademark signs produced without authorization, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and may also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

4. The crime of counterfeiting patents

According to Article 216 of the Criminal Law, 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 be sentenced to Or a fine alone.

5. Crime of copyright infringement

According to Article 217 of the "Criminal Law", if one of the following copyright infringement circumstances occurs for the purpose of profit, the amount of illegal income shall be relatively large Or if there are other serious circumstances, he 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 amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined.

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;

(2) Publishing others Books with exclusive publishing rights;

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

(4) Producing and selling counterfeit audio and video recordings Art works signed by others.

6. The crime of selling infringing copies

According to Article 218 of the Criminal Law, for the purpose of profit, knowingly selling infringing copies is Article 217 of this Law. Those who infringe the provisions of the regulations and obtain a huge amount of illegal gains shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

7. Crime of infringement of trade secrets

According to Article 219 of the "Criminal Law", whoever causes heavy losses to the right holder of a trade secret shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, 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.

Intellectual Property Infringement Compensation Standards The first is the actual economic loss caused by the infringer to the right holder; the second is all the profits gained by the infringer due to the infringement. When a double standard of compensation is adopted, the court often chooses the standard of profits obtained by the infringer from the infringement.

Intellectual property infringement and rights protection Methods for intellectual property infringement and rights protection 1. Complain to the industrial and commercial administration department and apply for administrative investigation and punishment of intellectual property infringement.

2. Expose to newspapers, the Internet and other news media.

3. Collect and preserve evidence that the other party has infringed upon your intellectual property rights. If necessary, you can consult a lawyer and ask the lawyer to investigate, collect evidence, and entrust notarization on the facts of intellectual property infringement.

4. Negotiate with infringers to resolve intellectual property disputes or resolve them through legal proceedings to safeguard the legitimate rights and interests of your own intellectual property rights.

What to do if someone complains about intellectual property infringement? According to the relevant laws of our country, if someone complains about intellectual property infringement, the party concerned can negotiate with the complainant to resolve the matter and try not to go through judicial procedures.

What are the intellectual property laws and regulations? 1. Comprehensive category

"General Principles of Civil Law" and "Foreign Trade Law".

2. Trademark rights

"Trademark Law", "Regulations on the Recognition and Protection of Well-known Trademarks", "Registration and Management Measures for Collective Trademarks and Certification Trademarks".

3. Patent rights

"Patent Law" and "National Defense Patent Regulations".

4. Copyright

"Copyright Law", "Copyright Collective Management Regulations", "Computer Software Protection Regulations", and "Information Network Communication Rights Protection Regulations".

5. Trade secrets

"Anti-Unfair Competition Law" and "Several Provisions on Prohibiting the Infringement of Trade Secrets".

6. New Plant Variety Rights

Regulations on the Protection of New Plant Varieties.

7. Special signs

"Regulations on the Management of Special Signs", "Regulations on the Protection of Olympic Signs", and "Regulations on the Protection of World Expo Signs".

8. Geographical indications

"Trademark Law", "Registration and Management Measures for Collective Trademarks and Certification Trademarks", and "Regulations on the Protection of Geographical Indication Products".

9. Exclusive rights in integrated circuit layout designs

"Regulations on the Protection of Integrated Circuit Layout Designs" and "Regulations on the Protection of Integrated Circuit Layout Designs".

10. Other categories

"Regulations on the Customs Protection of Intellectual Property Rights", "Implementation Measures of the Regulations on the Customs Protection of Intellectual Property Rights of the People's Republic of China", "Intellectual Property Rights Protection in Exhibitions" way".