The specific sentencing standards for the crime of infringing intellectual property rights are as follows: 1. Crime of counterfeiting a registered trademark: The crime of counterfeiting a registered trademark refers to the act of using the same trademark on the same trademark without the permission of the registered trademark owner. The crime referred to in this crime includes four aspects.
(1) There must be an act of using another person's registered trademark (counterfeiting another person's unregistered trademark does not constitute);
(2) such use must be without the permission of the registered trademark owner;
(3) A trademark identical to the registered trademark of others must be used on the same variety of goods;
(4) The act of counterfeiting another person's registered trademark must be serious and constitute a crime. 2. Crime of selling goods with counterfeit registered trademarks: refers to the act of selling goods with counterfeit registered trademarks of others, and the sales amount is relatively large. This crime is closely related to the crime of counterfeiting registered trademarks, but it only occurs in the circulation field. The actor must know that it is a commodity with a counterfeit trademark and sell it, otherwise it does not constitute this crime. Its legal punishment is also divided into two grades: if the sales amount is large, it will be sentenced to fixed-term imprisonment of not more than three years or a fine or a single fine; If the sales amount is huge, 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. The amount here obviously refers to sales, not business, nor illegal income. The initial punishment standard is that the amount of illegal business operation is more than 50 thousand yuan, or the amount of illegal income is more than 30 thousand yuan. According to the new judicial interpretation, it is worth noting that selling more than 5,000 cam-card can be sentenced to 3 to 7 years' imprisonment. (The amount is relatively large, referring to 50,000 yuan for manufacturing and selling fake and inferior products; 200,000 yuan is huge. Registered trademark logo, or selling forged or unauthorized registered trademark logo, if the circumstances are serious. The object of this crime is the trademark mark, and it is only the trademark mark registered by others. Statutory punishment is also divided into two grades: if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years. Criminal detention or, concurrently or solely, a fine; If the circumstances are especially serious, 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. The initial punishment standard is that the amount of illegal business operation is more than 50 thousand yuan, or the amount of illegal income is more than 30 thousand yuan. According to the new judicial interpretation, it is worth noting that selling more than 5,000 cam-card can be sentenced to 3 to 7 years' imprisonment. 4. The crime of copyright infringement refers to making profits and violating the provisions of the copyright law. Acts that infringe upon the exclusive rights of others' copyrights without the permission of the copyright owner, resulting in a large amount of illegal income or other serious circumstances. There are four specific legal acts: first, copying and distributing written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; The second is to publish books that others enjoy exclusive publishing rights; Third, copying and distributing audio and video products made by the producer without the permission of the producer; The fourth is to produce and sell works of art with forged signatures. Any of the above four acts can constitute this crime. Of course, a large amount of illegal income or other serious circumstances are also necessary conditions for this crime. Otherwise, it can only be treated as general infringement. The legal punishment for this crime is divided into two grades: if the amount of illegal income is relatively large or there are other serious circumstances, 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 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 seven years and shall also be fined. The standard of huge amount is: individuals are less than 200,000 yuan, units are less than 6,543.8+0,000 yuan, or illegal businesses are less than 6,543.8+0,000 yuan, and units are more than 5 million yuan, or other particularly serious consequences are caused. 5. Crime of selling infringing copies: This crime refers to the act of selling infringing copies for profit knowing that the amount of illegal income is huge. "Infringed copy" refers to the illegal reproduction and distribution of works such as written works, music, movies, television, video products and computer software of the copyright owner without the permission of the copyright owner; Or illegally copying and distributing audio and video products made by the producer without the permission of the producer. To constitute this crime, it must be knowingly committed, for the purpose of making profits, and the amount of illegal income is huge (judicial interpretation stipulates that individuals are more than 654.38 million yuan and units are more than 500,000 yuan). The statutory punishment for this crime is fixed-term imprisonment of not more than three years or criminal detention, and a fine or a single fine. 6. The crime of counterfeiting patents: it refers to the act of counterfeiting patents granted to others within the validity period of legal patents in violation of national patent management regulations. The specific manifestations of serious behavior and counterfeiting patents are: manufacturing, using or selling patented inventions without the permission of the patentee within the legal patent validity period; Register as a patentee, patent payee or patent license holder by deception; Pass off one's own non-patented technology as the patented technology of others. And "serious circumstances" (a large amount of profits, bad influence and heavy losses to the patentee) is also a necessary condition for the crime of infringing others' patent rights, and it is the main boundary between crime and general infringement. 7. Crime of infringing on trade secrets: The crime of infringing on trade secrets refers to the act of violating the laws and regulations on the protection of trade secrets, infringing on trade secrets and causing great losses to the owner of trade secrets. The commercial secrets mentioned in this crime refer to the technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are only practical and kept confidential by the obligee. There are three legal forms of infringement of trade secrets: one is to obtain the trade secrets of the obligee by theft, inducement, coercion or other improper means; The other is to disclose, use or allow others to use the business secrets of the obligee obtained by the above means; The second is to disclose, use or allow others to use the business secrets they have in violation of the agreement or the obligee's requirements on keeping business secrets. One of the above three acts constitutes this crime. At the same time, the above-mentioned acts must cause great losses to the right holders of trade secrets before they can be treated as crimes. The so-called heavy losses generally refer to the heavy losses of economic interests, mainly including serious damage to business activities, serious economic losses, unsalable goods, serious backlog, serious setbacks in for-profit services and so on. The statutory punishment for this crime is divided into two grades: those who cause heavy losses to the obligee shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention; If especially serious consequences are caused, a fine shall be imposed concurrently or solely, and a fixed-term imprisonment of not less than two years but not more than seven years shall also be imposed.
Legal basis:
Criminal law of the people's Republic of China
Article 213 Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, 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; If the circumstances are especially serious, 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.
Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the sales amount is huge, 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.
Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, 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.
Article 216 Whoever counterfeits another person's patent, 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.