The investigation departments for crimes related to intellectual property infringement vary from place to place, but in most places, counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegal manufacturing, selling illegally manufactured registered trademarks, counterfeiting patents, infringement Trade secrets are under the jurisdiction of the economic crime investigation department, and copyright infringement and sales of infringing copies are under the jurisdiction of the public security management department.

Legal Analysis

Infringement of intellectual property rights is investigated by the public security organs, and any criminal case is generally investigated by the public security organs. If you find that someone else's behavior not only infringes your intellectual property rights, but also constitutes a criminal offense, you can report the crime to the local public security bureau with evidence proving the infringement crime. Crimes that infringe on intellectual property rights are investigated by public security agencies, and there may be differences in the investigation departments for different types of intellectual property crimes. Most intellectual property infringement crimes are under the jurisdiction of the economic crime investigation department, while copyright infringement and the sale of infringing copies are under the jurisdiction of the public security management department. Generally speaking, after committing an infringement of intellectual property rights, the penalty received is civil liability to pay corresponding compensation to the owner of the intellectual property rights. However, if the consequences of the infringement are serious, criminal liability may be required. Once the infringement reaches the standard of criminalization, it will inevitably be sentenced to bear corresponding criminal liability. Crimes of copyright infringement are generally investigated by the economic investigation department of the public security organ. However, for victims of copyright infringement cases, if the circumstances are very serious, they can report the crime directly to the reporting hall of the public security organ. Copyright infringement is stipulated in the Criminal Law. The penalty for the crime is generally a prison term ranging from three to seven years.

Legal Basis

Article 3 of the "Criminal Procedure Law of the People's Republic of China" The public security organs are responsible for the investigation, detention, arrest and pre-trial of criminal cases. The People's Procuratorate is responsible for procuratorial work, approval of arrests, investigation of cases directly accepted by the procuratorial organs, and prosecution. Trials are conducted by the People's Court. Except as specifically provided by law, no other agency, group or individual has the right to exercise these powers. The People's Courts, People's Procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws when conducting criminal proceedings.

Article 217 of the Criminal Law of the People's Republic of China and the People's Republic of China: For the purpose of profit, there is one of the following infringements of copyright or copyright-related rights, the amount of illegal income is relatively large, or If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years 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 10 years and shall also be fined: (1) Failure to do so shall With the permission of the copyright owner, copy, distribute and disseminate to the public through information networks his literary works, music, art, audio-visual works, computer software and other works stipulated in laws and administrative regulations; (2) Publish books for which others have exclusive publishing rights (3) Copying, distributing, and disseminating to the public through information networks the audio and video recordings produced without the permission of the producers of the audio and video recordings; (4) Copying and distributing the audio and video recordings of the performers' performances without the permission of the performers, or Disseminate performances to the public through information networks; (5) Produce and sell artistic works that counterfeit the signature of others; (6) Deliberately avoid or destroy the rights holder's work or works without the permission of the copyright owner or copyright-related rights holder. Technical measures taken to protect copyright or copyright-related rights in audio and video products.