1. Does the Civil Code include intellectual property rights
1. "Civil Code" "Includes provisions on intellectual property rights. Intellectual property rights are exclusive rights enjoyed by rights holders in accordance with the law with respect to works, inventions, and trademark objects.
2. "Civil Code of the People's Republic of China"Article 123 Civil subjects shall enjoy the intellectual property. Intellectual property rights are exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademark;
(4) Geographical indication;
( 5) Trade secrets;
(6) Integrated circuit layout design;
(7 ) New plant varieties;
(8) Other objects stipulated by law.
2. How to punish intellectual property infringement
1. The crime of counterfeiting registered trademarks.
Using on the same kind of goods without the permission of the registered trademark ownerIf the registered trademark is the same as the registered trademark, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
2. The crime of selling goods with counterfeit registered trademarks.
Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; If the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
3. The crime of illegally manufacturing and selling illegally manufactured registered trademarks.
Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. , and shall be sentenced to a fine or solely; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
4. Crime of patent counterfeiting.
Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
5. Crime of copyright infringement.
Whoever commits any of the following copyright infringement situations for the purpose of profit, if the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or Criminal detention, and concurrently or solely with a fine; if the amount of illegal gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of the Civil Code, the Civil Code includes provisions on intellectual property rights. Intellectual property rights are the rights holders. Exclusive rights to works, inventions, and trademarks in accordance with the law. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.
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