First, how to punish the act of stealing other people's scientific research results
1. If the scientific research results are in kind, it belongs to theft (Article 264 of the Criminal Law). Theft refers to the act of secretly stealing a large amount of public or private property or stealing public or private property many times for the purpose of illegal possession.
2. If scientific research achievements are intangible, such as intellectual property rights, the law stipulates six types of intellectual property rights, namely copyright, patent right, trademark right, discovery right, invention right and other rights of scientific and technological achievements, and stipulates the civil law protection system of intellectual property rights. The Criminal Law of People's Republic of China (PRC) defines the relevant contents of intellectual property crimes, thus defining the criminal law protection system of intellectual property rights in China. In addition, People's Republic of China (PRC) Patent Law, Trademark Law, Copyright Law, Invention Award Regulations and other separate laws and administrative regulations also stipulate relevant intellectual property protection.
3. Legal provisions: criminal law
Article 216 Whoever commits the crime of counterfeiting patents, 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 shall only, be fined.
Second, what evidence should be collected when solving patent infringement?
1, evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license.
2. There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the technical characteristics comparison materials between this patent and the alleged infringing products.
3. Evidence of the amount of compensation. Prove that the amount of compensation proposed is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the loss suffered by the obligee due to infringement or the benefit gained by the infringer due to infringement is difficult to determine, the people's court may reasonably determine the amount of compensation by referring to the multiple of the patent license fee; If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors. The above compensation amount may include reasonable expenses paid for investigating and stopping the infringement.