1. Without the permission of the registered trademark owner, using the same trademark as the registered trademark on the same kind of goods, selling goods that are knowingly counterfeiting the registered trademark, counterfeiting, making without permission the registered trademark logo of others, or selling counterfeit or unauthorized goods. Manufactured registered trademark logo.
2. Counterfeiting other people’s patents and copying and distributing their written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; publishing books for which others have exclusive publishing rights ; Copying and distributing audio and video recordings without the permission of the audio and video producers; Producing and selling works of art that counterfeit the signature of others.
3. Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means; disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the preceding paragraph; violating the agreement or Violating the right holder's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
4. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.
Response methods:
We should rely on information platforms such as unit integrity files to strengthen supervision of the unit's legal behavior, prevent one-person companies that meet the unit's crime constituent elements from evading punishment, and curb underground factories. growth momentum to prevent the use of personal infringement by staff members to cover up the essence of unit crimes.
Practical departments generally report that in the crimes of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks, it is difficult to define the actual sales price of infringing products, and thus it is difficult to determine the "illegal business amount." If it cannot be clarified, we recommend that the person in charge inform the criminal suspect of the "unclarified" situation and listen to his or her opinions on the actual sales price. If no substantive opinions are given, the person in charge shall follow the "Specific Application of Handling Criminal Cases of Intellectual Property Infringement" Interpretation of Several Legal Issues" (hereinafter referred to as the "Interpretation") Article 12 is calculated based on the "middle market price of the goods with counterfeited registered trademarks" (Article 12 refers to the "illegal business amount" referred to in this Interpretation, which refers to the behavior The value of the infringing products manufactured, stored, transported, and sold by the person during the infringement of intellectual property rights. The value of the infringing products that have been sold is calculated based on the actual sales price of the infringing products that are manufactured, stored, transported, and not sold. , calculated based on the marked price or the actual average sales price of the infringing products that have been identified. If the infringing product does not have a marked price or its actual sales price cannot be identified, it will be calculated based on the market median price of the infringed product).
The indirect infringement liability of publishers, producers, websites and other media can be determined. They may not make direct profits, but they can be determined to have passed according to Article 11, paragraph 1, of the "Interpretation" Increase the visibility, circulation or click-through rate to indirectly benefit from it, and based on this, examine whether it has indirect intention. When the perpetrator cannot be held criminally responsible, the media should be held accountable and the rights holder should be compensated for the loss of interests.
For example, the identification of “identical trademark” in the crime of counterfeiting registered trademarks. The difficulty lies in the difference between "same" and "similar" or "similar". Among the crimes of copyright infringement, there are many cases of online copyright infringement. A sample survey showed that there were 11 cases of online copyright infringement, accounting for 78.57 of the total 14 cases. How to understand "reproduction" and "distribution" in such cases is the most controversial. Understanding of “confidential measures” for the crime of infringement of trade secrets. In the crime of infringement of trade secrets, there are no relevant legal provisions on the extent to which it can be considered that reasonable confidentiality measures have been taken. Due to different understandings, similar cases have been judged differently. Therefore, we believe that we should regulate it through improving legislation and enhance the internal coordination between the same law and different laws.