(1) counterfeit patent. The act of counterfeiting patent refers to marking patent marks on products without patent rights or their packaging, calling products without patent rights as patented products in advertisements or other promotional materials, and so on.
Patent counterfeiters shall bear corresponding civil liabilities, and the patent administrative department may order them to make corrections and make an announcement, confiscate their illegal income, and may impose a fine of less than four times their illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
(2) Patent infringement. Patent infringement refers to the act of exploiting another person's patent for profit without the permission of the patentee and legal basis within the validity period of the patent.
The infringer should bear the corresponding legal responsibilities, that is, stop the infringement, publicly apologize and compensate for the losses.
(3) Infringement of copyright. Copyright infringement refers to the act of violating the obligations stipulated in the copyright law and infringing on the personal rights or property rights enjoyed by others according to the copyright law, such as making, selling and using pirated books, audio-visual products and software.
The infringer shall bear civil liability, stop the infringement, eliminate the influence, publicly apologize and compensate for the losses. If it is serious, it will be punished by the copyright administrative authority, or even be investigated for criminal responsibility according to law, and the illegal income will be confiscated and sentenced to 3-7 years in prison.
(4) the act of counterfeiting a registered trademark. The act of counterfeiting a registered trademark mainly refers to that the trademark user marks the words "registered trademark" or a registered mark when using an unregistered trademark. For example, "○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
The administrative department for industry and commerce may stop the counterfeiting of registered trademarks, make corrections within a time limit, and may notify them or impose a fine. If the circumstances are serious, criminal responsibility shall be investigated according to law.
(5) Infringement of the exclusive right to use a registered trademark. Infringement of the exclusive right to use a registered trademark is what we commonly call a famous brand, which means ○ 1 using the same or similar trademark on the same or similar goods without the permission of the trademark registrant. Selling goods that infringe upon the exclusive right to use a registered trademark. ○3 Forging, manufacturing and selling counterfeit or unauthorized registered trademark marks. ○ 4. Changing its registered trademark without the consent of the trademark registrant, and putting the goods with the changed trademark on the market again. ○5 Using marks identical with or similar to others' registered trademarks as product names or product decorations on the same or similar products, misleading the public. Causing other damage to the exclusive right to use a registered trademark of others.
Infringement, fraudulent use or forgery of registered trademarks of others shall be dealt with by the administrative department for industry and commerce according to law. Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party. Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.
(6) buying and selling trademarks. Article 34 of the Detailed Rules for the Implementation of the Trademark Law stipulates that no one may buy or sell trademark marks. In violation of these provisions, the administrative department for industry and commerce shall confiscate the trademark logo and impose a fine of less than 20% of the illegal business amount according to the circumstances; Where a registered trademark is sold, the Trademark Office may revoke the registered trademark. If it constitutes infringement, the party concerned shall be investigated for tort liability; If it constitutes a crime of counterfeiting a registered trademark, criminal responsibility shall be investigated according to law.
(7) the act of counterfeiting geographical indications to protect products. The act of counterfeiting products protected by geographical indications refers to the unauthorized use of special marks for geographical indication products, the use of product names or product logos that are similar to the special marks for geographical indication products and easy to be misunderstood, or the sale of the above products in violation of regulations.
The act of counterfeiting products protected by geographical indications shall be given administrative punishment by the administrative department of quality and technical supervision in accordance with the "People's Republic of China (PRC) Product Quality Law" and the "Regulations on Procedures for Handling Administrative Cases of Technical Supervision".
(8) Infringement of trade secrets. Infringement of trade secrets refers to the act of obtaining, disclosing and using other people's trade secrets by improper means. Serious infringement of trade secrets will involve crime.
The supervision and inspection department may, according to the circumstances, order it to stop the illegal act and impose a fine ranging from 1000 yuan to 200,000 yuan. The obligee may also demand sanctions for acts violating the agreement and infringing on business secrets in accordance with the relevant provisions of the Contract Law and the Labor Law.
If a natural person commits this crime because of a criminal act, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If especially serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
3. Infringement of patent rights is mainly manifested in the act of exploiting a patent without the permission of the patentee.