What are the conditions that should be met for intellectual property infringement litigation
Intellectual property infringement refers to the behavior of an actor who objectively infringes upon the property rights or personal rights of others’ intellectual property rights and should bear civil liability. Intellectual property infringement generally includes three types: trademark infringement, patent infringement, and copyright (i.e., copyright) infringement.
Conditions that intellectual property infringement litigation should meet:
(1) Illegality. It is essential for intellectual property infringement;
(2) In the constitution of intellectual property infringement, the fact of damage (result) is no longer a necessary component. , this is also one of the differences between intellectual property infringement and general civil infringement;
(3) Because some intellectual property infringements do not require damage The identification of consequences and causality is meaningful for determining the extent of liability borne by the infringer;
(4) The constitution of intellectual property infringement is not based on subjective fault It is a necessary requirement.
What are the infringements of intellectual property rights
(1 ) Use identical or similar trademarks, special signs, patents, works and other creative achievements in production, business, advertising, publicity, performance and other activities without authorization;
(2) Forgery or unauthorized manufacture of identical or similar trademarks, special signs or sale of forged or unauthorized manufactures of trademarks, special signs;
(3) Disguised use of identical or similar trademarks, specialLogos, patents, works and other creative achievements;
(4) Registration and registration in enterprises, social groups, public institutions, private non-enterprise units without authorization; Use the same or similar trademarks, special signs, patents, works and other creative achievements in the names of websites, domain names, place names, buildings, structures, places, etc.;
(5) Providing venues, warehousing, transportation, mailing, concealment and other convenient conditions for infringement;
(6) Other infringements that violate relevant national laws and regulations Behavior.
What are the penalties for intellectual property infringement
(1) The crime of counterfeiting registered trademarks.
According to Article 213 of the Criminal Law, using the same trademark as the registered trademark on the same kind of goods without the permission of the owner of 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 also fined.
(2) The crime of selling goods with counterfeit registered trademarks.
According to Article 214 of the "Criminal Law", anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to a fixed term of not more than three years. Imprisonment or criminal detention, and concurrently or solely a fine; if the sales 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.
According to Article 215 of the "Criminal Law", forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization is a serious matter. 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 concurrently or solely fined. 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 also fined.
(4) Crime of patent counterfeiting.
According to Article 216 of the "Criminal Law", 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.
According to Article 217 of the "Criminal Law", if for the purpose of profit, one of the following copyright infringement circumstances occurs, the amount of illegal gains is relatively large or there are If there are other serious circumstances, the offender 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 income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined.
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) ) Publish books for which others have the exclusive right to publish; (3) Copy and distribute audio and video recordings made by the audio and video producers without the permission of the audio and video producers; (4) Produce and sell artistic works that counterfeit the signature of others.
(6) Crime of selling infringing copies.
According to Article 218 of the Criminal Law, for the purpose of profit, the person knowingly sells infringing copies specified in Article 217 of this Law. If the amount of illegal gains is huge, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
(7) Crime of infringement of Trade secrets.
A person shall be sentenced to fixed-term imprisonment of not less than 3 years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, 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.
1. Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
2. Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
3. Illegal agreement or violation The obligee discloses, uses or allows others to use the trade secrets in his possession according to the obligee's request to keep trade secrets.
Knowing or should have known beforeAny act listed in this paragraph that obtains, uses or discloses the trade secrets of others shall be regarded as infringement of trade secrets. The term “trade secrets” as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept confidential by the right holder. The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
If you still have questions, the Legal Savior Network also provides online consultation with lawyers, and you are welcome to consult.
No comments yet. Say something...