Current location - Trademark Inquiry Complete Network - Trademark registration - Is it illegal to infringe intellectual property rights?
Is it illegal to infringe intellectual property rights?
Infringement of intellectual property rights is illegal. Infringement of intellectual property rights is an act of infringing on the legitimate rights and interests of others. Under specific circumstances, it can be determined according to the actual infringement. If the amount involved is huge, criminal responsibility should be investigated. The specific situation is decided by the court.

1. Is it illegal to infringe intellectual property rights?

Is it illegal to infringe intellectual property rights? Infringement of intellectual property rights refers to the illegal use of intellectual property rights without the permission of intellectual property rights holders, which infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the illegal income is large or the circumstances are serious.

Crimes of infringing intellectual property rights include: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing or selling goods with illegally manufactured registered trademarks; Crime of infringing copyright and selling infringing copies; Crime of counterfeiting patents; Crime of infringing trade secrets. Intellectual property rights are the intellectual achievements of human creative labor, including patent rights.

, trademark rights, copyrights, etc.

Two. Provisions on intellectual property rights in the civil code

Article 440th The following rights that the debtor or a third party has the right to dispose of may be pledged:

(1) Bills of exchange, promissory notes and checks.

(2) Bonds and certificates of deposit.

(3) Warehouse receipts and bills of lading;

(4) Transferable fund shares and equity;

(5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright;

(6) Existing and future accounts receivable;

(7) Other property rights that can be pledged according to laws and administrative regulations.

Article 44 1

Where a bill of exchange, promissory note, cheque, bond, deposit slip, warehouse receipt or bill of lading is pledged, the pledge is established when the title certificate is delivered to the pledgee; If there is no certificate of rights, the pledge will be established when the pledge registration is handled. Where there are other provisions in the law, those provisions shall prevail.

Article 442

If the redemption date or delivery date of bills of exchange, promissory notes, checks, bonds, certificates of deposit, warehouse receipts and bills of lading expires before the principal creditor's rights, the pledgee may redeem or deliver the goods in advance, and make an agreement with the pledger to pay off the debts in advance or to deposit the redeemed or delivered goods.

Article 443rd Where a fund share or equity is pledged, the pledge right shall be established at the time of pledge registration.

After the pledge, the fund share and equity shall not be transferred, except that the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the fund share and equity transfer.

Article 444 Where intellectual property rights such as the exclusive right to use a registered trademark, patent right or copyright are pledged, the pledge right shall be established at the time of pledge registration.

After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.

Article 445 Where the accounts receivable are pledged, the pledge right shall be established at the time of pledge registration.

Accounts receivable shall not be transferred after pledge, except that the pledgor and pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the transfer of accounts receivable.

Specific cases of infringement of intellectual property rights need to be handled in strict accordance with the procedures stipulated in the above laws, especially the illegal facts identified by different infringements are different. If the handling of the relevant situation is unclear, you can consult a lawyer for legal appraisal to avoid mistakes in the application of the law.