What are the legal provisions for intellectual property infringement?

Intellectual property rights are protected by the state. Once you find that your intellectual property rights have been infringed by others, you can protect your rights through law. It is only necessary to identify the infringement first so that there is sufficient evidence when defending rights. So, what are the legal provisions for intellectual property infringement? Listen to the detailed explanation given by the editor of Legal Savior Network.

What are the legal provisions for intellectual property infringement

1. Without authorization, in production, operation, advertising Use identical or similar trademarks, special signs, patents, works and other creative achievements in publicity, performances and other activities;

2. Forgery or unauthorized manufacture of identical or similar trademarks, special signs or sale of forged or unauthorized manufactures of trademarks, special signs;

3. Use identical or similar trademarks, special signs, patents, and works in disguised form and other creative results;

4. Unauthorized , use identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social groups, public institutions, private non-enterprise units and in the names of websites, domain names, place names, buildings, structures, places, etc.;

5. Provide venues, warehousing, Convenient conditions for transportation, mailing, concealment, etc.;

6. Violation of relevant national laws and regulations other infringements.

In torts, the infringement of property ownership mainly manifests as misappropriation, obstruction and damage. These acts often act directly on the object itself, and the connection with the object is direct and close; the specific content of the infringement involves possession, use, income and disposal. Infringement of intellectual property rights mainly manifests itself in plagiarism, tampering and imitation. This kind of infringement acts on the ideological content or ideological expression of the author or creator, and has nothing to do with the materialized carrier of the intellectual product. For example, illegally seizing the calligraphy and painting created by others as one's own, which involves the object itself, that is, the material carrier of the creation, should be regarded as an infringement of property ownership; if the perpetrator does not possess the calligraphy and painting, but uses it without authorization If it is reprinted and sold, the act involves intangible property.

How to identify intellectual property infringement

1. Rights and scope of protection Determine;

2. Analyze the composition of its protection scope Elements;

3. Claim against the alleged infringement And determine the scope of realization of its rights;

4. Analyze the components of the scope of realization of rights;

5. Compare the determined scope and specific components of the two, and accurately apply various judgment principles and methods;

6. Judgment of identity or similarity;

7. Make a determination of infringement or not.

There are problems that need to be communicated Solution, if you are not clear about the content and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.