What are the legal provisions for intellectual property infringement
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. Counterfeiting or unauthorized production of identical or similar trademarks, special Mark or sell counterfeit or unauthorized trademarks or special signs;
3. Use identical or similar trademarks, special marks, patents, works and other creative achievements in disguised form;
4. Without authorization, in enterprises,The use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of social groups, public institutions, and private non-enterprise units and in the names of websites, domain names, place names, buildings, structures, places, etc.;
5. Provide venues, warehousing, transportation, mailing, Convenient conditions such as concealment;
6. Violation of national regulations Other infringements prescribed by laws and regulations.
In tort, the infringement of property rights Mainly manifested as encroachment, 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.
Intellectual property infringement How to identify
1. QuanDetermination of the scope of interests and protection;
2. Analysis Components of its protection scope;
3. Targeted Propose the alleged infringement and determine the scope of realizing its rights;
4. Analyze the components of the scope of realization of its rights;
5. Compare the determined scope and specific constituent elements 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.
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