How to punish selling pirated software

You can see a lot of pirated items in daily life. These are serious infringements of the other party’s intellectual property rights. So, what are the penalties for selling Pirated software? In order to answer this question, the editor of Legal Savior Network will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you.

1. How to punish those who sell pirated software

For those who sell pirated software, Penalties will be made based on the transaction amount and inventory. For the sale of counterfeit and substandard goods, the general approach of the Industry and Commerce Bureau is to impose fines, confiscate counterfeit goods, and revoke business licenses. If the amount is large or the circumstances are serious, it may constitute a crime.

Those who infringe upon infringing copies as stipulated in Article 1 and obtain a huge amount of illegal income shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

1. All software sales units are not allowed to sell pirated software. If pirated software is being sold, the pirated software should be removed from the shelves immediately, sealed and handed over to the local copyright management department for destruction.

2. If you sell pirated software, the relevant management departments will confiscate it. For those who refuse or obstruct state personnel from performing official duties in accordance with the law, the public security organs will impose security penalties on the parties involved; if a crime is constituted, they will be held criminally responsible.

3. For serious cases of selling pirated software, the relevant departments will impose administrative penalties on the sales units and individuals in accordance with the law; if it constitutes a crime, the responsible persons shall be investigated in accordance with the law. criminal responsibility.

4. Software sales units can only purchase products through legal software developers and their designated agents, and are not allowed to purchase products through other channels.

2. Is selling pirated copies considered infringement?

According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Publications", it is treated as an "illegal business crime", which is an infringement and illegal.

According to the provisions of the Criminal Law and relevant judicial interpretations, those who make huge illegal gains from "selling pirated books" shall be convicted and punished as "the crime of selling infringing copies" and may be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and A fine may or may not be imposed.

Article 218 of the "Criminal Law of the People's Republic of China" stipulates:

With Whoever knowingly sells infringing copies as stipulated in Article 217 of this Law for the purpose of profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

The fourth item of infringing copies stipulated in Article 217 is "books for which others have the exclusive right to publish", which is usually said pirated books.

The above is the answer given by the editor of Legal Savior Network on "How to punish the sale of pirated software". We can understand that this will be based on the transaction amount and inventory. Make penalties. The general approach of the Industrial and Commercial Bureau is to impose fines, confiscate counterfeit goods, revoke business licenses, etc. If the amount is large or the circumstances are serious, it may constitute a crime. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.