Current location - Trademark Inquiry Complete Network - Trademark registration - Infringement of intellectual property rights
Infringement of intellectual property rights
Legal analysis: infringement of intellectual property rights generally leads to crimes of infringement of intellectual property rights, including: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing or selling illegally manufactured registered trademarks; Crime of infringing copyright and selling infringing copies; Crime of counterfeiting patents; Crime of infringing trade secrets. Intellectual property is the intellectual achievement of human creative labor, including patent right, trademark right and copyright. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially 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.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 213 Whoever uses the same trademark as its registered trademark on the same commodity or service 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 and shall also, or shall only, be fined; If the circumstances are especially serious, he 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 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the 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 shall only, be fined; 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 but not more than 10 years and shall also be fined.

Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he 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 216 Whoever counterfeits another person's patent, 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 shall only, be fined.

Article 217 Whoever, for the purpose of making profits, commits one of the following acts that infringe on copyright or rights related to copyright, 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 only be fined; 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 but not more than 10 years and shall also be fined:

(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;

(2) Publishing books with exclusive publishing rights enjoyed by others;

(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;

(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;

(five) the production and sale of counterfeit works of art;

(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.