Behaviors that infringe other people's intellectual property rights are as follows:

The objective elements of the crime of intellectual property infringement are infringement of other people's exclusive rights without the consent of the right holder, a large amount of illegal gains or the circumstances Serious behavior. Its characteristics are as follows:

No source of rights

First of all, the actor's behavior has no source of rights, that is, his actions are without the consent or authorization of the right holder. According to the relevant provisions of my country's Patent Law and Trademark Law, patents and registered trademarks can be transferred through legal exercise, and the rights holder can also consent to a third party using and enjoying the right. Therefore, when the patentee or registered trademark owner agrees to allow others to use and enjoy the right, even if the procedure does not comply with legal provisions, it is only a general illegal act and does not constitute a crime. Only behavior that goes against the will of the right holder without the consent of the right holder may be a crime. Of course, there are often exceptions to the above-mentioned acts, such as restrictions on copyright or compulsory authorization, etc. Even if the actor's behavior does not obtain the consent of the right holder, it should be regarded as a legitimate source of rights.

Proprietary rights

Secondly, the behavior mainly infringes on the proprietary rights of others. In some cases, it may appear as an infringement and violation of administrative law norms. The basic form of criminal behavior can only be acts, that is, the perpetrator has taken positive actions and violated the provisions of the criminal law. The crime of infringement of intellectual property rights can only be constituted by actions, and it is impossible to constitute the crime of infringement of intellectual property rights by inaction.

Finally, the crime of infringement of intellectual property rights is not a crime of conduct, but a crime of result. The social harmfulness of his behavior is reflected in the harmful results and criminal circumstances. Therefore, the behavior must involve relatively large or huge illegal gains or other serious or particularly serious circumstances. If the infringement does not result in a large amount of illegal gains or the circumstances are serious, it does not constitute a crime. For example, “If an individual’s illegal income from a crime of copyright infringement exceeds 20,000 yuan, it is considered a large amount of illegal income, and if an individual’s illegal income is more than 100,000 yuan, it is a huge amount of illegal income.”

Subjective negligence

The subjective negligence of the actor does not constitute the crime of infringement of intellectual property rights

The manner in which the crime of intellectual property rights is performed depends on the object of the right and the provisions of specific laws. There are differences depending on the situation, but from a macro analysis, it is still revolutionary, that is, its behavior mainly includes:

Counterfeiting

The so-called counterfeiting refers to a third party marking the patent mark, trademark, name, etc. of the intellectual property rights owner on its products without the consent or permission of the rights owner. In our country’s criminal law, it mainly refers to counterfeiting registered trademarks (Article 213 of the current Criminal Law), counterfeiting patents (Article 216 of the current Criminal Law), and counterfeiting the signature of others (Article 219 of the current Criminal Law).

Illegal sales

One refers to the sale of "counterfeit goods", that is, the sale of any unauthorized goods that bear a protected trademark, patent or sign that is substantially the same. Same items. Article 214 of my country’s current criminal law, the crime of selling goods with counterfeit registered trademarks, falls into this category. The other is the issuance, publication, and sale of copyright infringements. For example, without the consent of the copyright holder, distribute his written works, movies, televisions, videos, computer software and other works with neighboring rights; publish books for which others have exclusive publishing rights.

Illegal production

The first category is counterfeiting and unauthorized manufacturing. It manifests itself in two ways: first, it is produced without authorization; second, it is produced beyond the scope of authorization. For example, Article 215 of the current criminal law includes the crime of illegally manufacturing registered trademarks. The second type of behavior is illegal copying, and reproducing other people's works by printing, copying, copying, rubbing, recording, videotaping, ripping, etc. for profit without the permission of the right holder. For example, Article 217 of my country's current criminal law is a crime of copyright infringement.

The act of obtaining, disclosing, and using trade secrets by improper means.

The identification of the criminal targets of intellectual property infringement is more complicated. Its content must ultimately be based on the provisions of intellectual property laws and change accordingly. Therefore, the composition of such crimes varies from country to country. The provisions of our country's criminal law basically adopt narrow intellectual property standards, but at the same time add some broad content including trade secrets. But the scope is still very limited.

Most countries in the world have rich object compositions, and some of these provisions are worthy of reference for our country's legislation:

First, trademark adjacent signs

Trademark-adjacent signs refer to all words and graphics other than trademarks used to mark a company's products or services, which mainly include product models, trade names, names of origin, etc. The criminal laws of quite a few countries and regions have clear provisions on infringement of trademark-adjacent signs. For example, Taiwan's criminal code has long stipulated the crime of obstructing trademarks and trade names; it also includes four crimes, including counterfeiting trademarks, trade names, and falsely marking goods. In addition to full-package protection for a very small number of alcoholic beverages, China does not have special legal protection for other adjacent signs. However, the Anti-Unfair Competition Law stipulates the infringement of trademark adjacent signs such as names, pretense, etc. The civil liability of trademark infringement obviously cannot adapt to the reality of the development of the socialist market economy. It is recommended that when criminal legislation is carried out, the crime section related to trademark infringement should reflect this practical need accordingly, so as to further standardize the content of the criminal law.

Second, adjacent rights

. Our country's legislation on the criminalization of intellectual property infringement is not connected with the existing relevant civil law legislation. Therefore, it cannot meet the needs of combating this type of crime. However, there is relevant legislation abroad, and the relevant foreign legislation is worth learning from. .