Legal analysis
Using the same or similar trademarks, special marks, patents, works and other creative achievements without authorization, forging or making the same or similar trademarks, special marks without authorization, or selling the forged or unauthorized trademarks, special marks, and using the same or similar trademarks, special marks, patents, works and other creative achievements in disguised form in production, operation, advertising, performance and other activities. Intellectual property rights include three categories, namely trademarks, patents and copyrights. If one of them infringes, it can be regarded as infringement of intellectual property rights. In real life, there are many acts of infringing intellectual property rights, and once they are found to constitute infringement, they should be investigated for legal responsibility. Infringement of intellectual property rights includes unauthorized use of identical or similar trademarks, special marks, patents, works and other creative achievements in production, operation, advertising, publicity and performance, unauthorized manufacture of identical or similar trademark marks and special marks, or sale of forged or unauthorized manufacture of trademark marks and special marks. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in disguise, use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units, as well as in the names of websites, domain names, buildings, structures and places. Provide places, storage, transportation, mailing, concealment and other convenient conditions for infringement. Other infringements in violation of relevant state laws and regulations.
legal ground
Criminal law of the people's Republic of China
Article 217 Whoever, for the purpose of making profits, commits any of the following acts that infringe on copyright or rights related to copyright, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined: (1) Copying and distributing his written works, music, art, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through the information network without the permission of the copyright owner; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer; (4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks; (five) the production and sale of counterfeit works of art; (6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.