Illegal acts that infringe on intellectual property include infringement of patent rights, copyrights and trademark rights.
(1) Counterfeiting of patents. Counterfeiting patents refers to putting patent logos on non-patented products or their packaging, referring to non-patented products as patented products in advertisements or other promotional materials, etc.
In addition to bearing corresponding civil liability, those who counterfeit patents may be ordered by the patent management department to make corrections and make an announcement, confiscate the illegal gains, and may also impose a fine of not more than four times the illegal gains; if there are no illegal gains, A fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
(2) Patent infringement. Patent infringement refers to the act of exploiting other people's patents for profit without the permission of the patentee and without legal basis during the validity period of the patent.
The infringer should bear corresponding legal responsibilities, that is, to stop the infringement, publicly apologize, and compensate for losses.
(3) Copyright infringement. Copyright infringement refers to the behavior that violates the obligations stipulated in the copyright law and infringes upon the personal rights or property rights enjoyed by others in accordance with the copyright law. Common behaviors include the production, sale, and use of pirated books, audio-visual products, software, etc.
The infringer should bear civil liability and stop the infringement, eliminate the impact, publicly apologize, and compensate for losses. If the nature is serious, you will be punished by the copyright administrative authority, and you may even be held criminally responsible according to law, have your illegal gains confiscated, and be imprisoned for 3 to 7 years.
(4) Counterfeiting of registered trademarks. The behavior of counterfeiting registered trademarks mainly refers to trademark users using unregistered trademarks with the words "registered trademark" or registration marks, such as "○Note" or "○R", or in the advertisements, manuals and other promotional materials of current products as registered trademarks. The trademark should be promoted to mislead people into thinking that the trademark is a registered trademark. The act of counterfeiting a registered trademark also includes the trademark registrant making substantial changes to its registered trademark and marking it with a registered mark, or using the registered trademark mark on goods or services that it has not approved.
For those who counterfeit registered trademarks, the industrial and commercial administrative authorities may stop them, make corrections within a time limit, and may issue a notice or impose a fine. If the circumstances are serious, criminal responsibility will be pursued in accordance with the law.
(5) Infringement of exclusive rights to registered trademarks. Infringement of exclusive rights to registered trademarks is commonly known as imitating famous brands or counterfeiting famous brands. It refers to using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant. ○2 Selling goods that infringe the exclusive rights of registered trademarks. ○3 Counterfeit, manufacture without authorization or sell counterfeit or unauthorized registered trademarks. ○4 Without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put into the market. ○5 On the same or similar goods, use a mark that is the same as or similar to another person’s registered trademark as a trade name or product decoration, misleading the public. ○6 Causing other damage to others’ exclusive rights to registered trademarks.
Anyone who infringes, misuses or forges another person’s registered trademark will be dealt with by the industrial and commercial administration department in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the offended person, he will also be held criminally responsible in accordance with the law.
(6) The act of buying and selling trademarks. Article 34 of the Implementing Rules of the Trademark Law stipulates: No one may buy or sell trademark signs. For those who violate this provision, the industrial and commercial administration authorities will confiscate the trademark and sign, and impose a fine of less than 20% of the illegal business revenue according to the circumstances; if the company sells its own registered trademark, the Trademark Office may revoke the registered trademark. If it constitutes an infringement, the parties will be held accountable for infringement; if it constitutes the crime of counterfeiting a registered trademark, criminal liability will be pursued.
(7) Counterfeiting of geographical indication protected products. The act of counterfeiting products protected by geographical indications refers to the unauthorized use of special signs for products from the region of origin, the use of product names or product logos that are similar to the special signs for products from the region of origin, and the misleading of product labels, or the sale of products that violate the above regulations.
Counterfeiting of products protected by geographical indications shall be subject to administrative penalties by the quality and technical supervision administrative department in accordance with the "Law of the People's Republic of China and Domestic Product Quality" and the "Regulations on the Procedures for Handling Technical Supervision Administrative Cases".
(8) Infringement of trade secrets. Infringement of trade secrets refers to the act of obtaining, disclosing, and using other people's trade secrets by improper means. Serious infringement of trade secrets may involve crimes.
For infringement of trade secrets, the supervision and inspection department may order the illegal behavior to stop and impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances. Rights holders may also request sanctions for violations of agreements and infringement of trade secrets in accordance with relevant provisions of contract law and labor law.
For acts involving crimes, if a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and also or solely a fine; if it causes particularly serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and shall be fined; if a unit commits this crime, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be held criminally responsible in accordance with the law.
3. Patent infringement mainly manifests itself in the act of implementing the patent without the permission of the patentee.