catalogue
Definition introduction
concept
origin
type
trait
Opinions on the Application of Law in Criminal Cases of Infringement of Intellectual Property Rights I. Jurisdiction of Cases
Second, about the burden of proof.
Third, the identification of "for profit"
Four. Identification of "issue"
Verb (abbreviation of verb) on sentencing standards
Six, about joint and several liability
The object of meaning is the result of human wisdom.
The proprietary intellectual achievements of the right subject are as follows
The nature of interest is different.
Ownership of the fruits of intellectual labor
content
Trademark right of industrial property rights
Patent right and patent protection
Trade name right
Overview of Copyright (Copyright)
main content
Characteristic main characteristic
monopolize
sovereign right over territory
in time
Belong to absolute rights
legal binding
Legal characteristics
function
history
classify
Copyright issues involved in network infringement under the network environment
question
Develop an expanding open system
Main scope
Strategic vision
The headquarters of the United Nations World Intellectual Property Organization in Geneva.
The origin of World Intellectual Property Day
Review on the theme of World Intellectual Property Day over the years
Memorabilia of Intellectual Property Rights Conference for Chinese and Foreign Enterprises (1978-2005)
Relevant legislation
Law enforcement map
Briefly describe the definition of over-emphasizing the negative impact of intellectual property rights.
concept
origin
type
trait
Opinions on the Application of Law in Criminal Cases of Infringement of Intellectual Property Rights I. Jurisdiction of Cases
Second, about the burden of proof.
Third, the identification of "for profit"
Four. Identification of "issue"
Verb (abbreviation of verb) on sentencing standards
Six, about joint and several liability
The object of meaning is the result of human wisdom.
The proprietary intellectual achievements of the right subject are as follows
The nature of interest is different.
Ownership of the fruits of intellectual labor
content
Trademark right of industrial property rights
Patent right and patent protection
Trade name right
Overview of Copyright (Copyright)
main content
Characteristic main characteristic
monopolize
sovereign right over territory
in time
Belong to absolute rights
legal binding
Legal characteristics
function
history
Classified network infringement
The Development of Copyright Issues under the Network Environment
The expanding open system, the main scope, and the small knowledge of strategy.
The origin of World Intellectual Property Day The Geneva headquarters of the United Nations World Intellectual Property Organization reviewed the themes of World Intellectual Property Day over the years.
Memorabilia (1978-2005) related legislation enforcement map overemphasizes the negative impact of intellectual property rights.
Intellectual property refers to the right to possess, use, dispose of and benefit from the fruits of intellectual labor according to law. Intellectual property is an intangible property, which, like tangible property such as houses and automobiles, is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
origin
Some scholars have verified that this word was first put forward by the French scholar Kaptsov in the middle of17th century, and later developed by the famous Belgian jurist picardie. Piccadilly defined it as "all rights from intellectual activities".
type
Intellectual property is the ownership of the fruits of intellectual labor. It is an exclusive right granted to qualified authors, inventors or owners of achievements in a certain period of time according to the laws of various countries. There are two kinds of intellectual property rights: one is copyright and the other is industrial property rights. Copyright refers to the right of the copyright owner to sign, publish, use, license others to use and get remuneration for his literary works; Industrial property right is the exclusive right including invention patent, utility model patent, design patent, trademark, service mark, name of manufacturer, name of goods source or name of origin. From the content point of view, intellectual property rights are composed of personal rights and property rights, also known as spiritual rights and economic rights. The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work, is a spiritual right; The so-called property right refers to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law. This right is also called economic right. It refers to the results of intellectual creative labor and the rights that intellectual workers enjoy according to law.
trait
One is the exclusiveness of intellectual property, that is, only the obligee can enjoy it, and no one else can exercise it without the permission of the obligee. Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law. This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought. The exclusive use of intellectual achievements by the right subject is similar to the ownership in real right, so it was classified as real right in the past. Second, the object of intellectual property is human intellectual creation, which belongs to "intellectual achievement right". It refers to the rights enjoyed by all intellectual activities in the fields of science, technology, culture, art and so on. Its object is people's intellectual achievements, belonging to intangible property or intangible property, but different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). Third, the benefits of intellectual property rights are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights and property rights in personality rights (its benefits are mainly economic). Fourth, the regionality and timeliness of intellectual property rights. The regionality of intellectual property rights means that the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country, except for international conventions or bilateral and multilateral agreements. The temporality of intellectual property rights means that the laws of various countries stipulate a certain period of time for intellectual property rights, and the rights will automatically terminate after the expiration.
Edit this paragraph's opinions on the applicable law in criminal cases of infringement of intellectual property rights.
2011-0/-kloc-0/2 The Supreme Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (hereinafter referred to as Opinions [1]). The Opinions greatly strengthened the protection of intellectual property rights. If strictly enforced, China will never be a big pirate country. Among them, there are the following items related to the Internet.
I. Jurisdiction of the case
"The criminal places of intellectual property infringement cases include the manufacturing place, storage place, transportation place and sales place of infringing products, the location of website servers that disseminate infringing works and sell infringing products, the location of network access, the location of website founders or managers, the location of infringers, and the location of criminal results where the obligee is actually infringed." The public security organs in the above areas have the right to file a case. So if your website contains infringing content, public security bureaus in all provinces in China can trace it to you.
Second, about the burden of proof.
Generally speaking, whoever advocates the burden of proof clearly stipulates that the plaintiff can sue without evidence. At this time, the defendant must provide evidence that he has no infringement. If it cannot be provided, it can be inferred that it is guilty: "The people's court accepts cases of criminal private prosecution of intellectual property infringement according to law, and if the parties can provide relevant clues when filing a private prosecution and apply to the people's court for retrieval, the people's court shall search according to law." "In the case of a wide variety of works involved and scattered rights holders, it is really difficult to obtain the above evidence one by one. However, if there is evidence that the copy involved is illegally published or copied, and the publisher and the publisher of the copy can't provide relevant certification materials for obtaining the permission of the copyright owner, it can be considered as "without the permission of the copyright owner."
Third, the identification of "for profit"
Criminal law stipulates that "for profit" infringement is a criminal case, otherwise it is a civil case. The "Opinions" stipulates that in any of the following circumstances except sales, it can be considered as "for profit": (1) publishing paid advertisements in other people's works or bundling third-party works, directly or indirectly charging fees; (2) Disseminating other people's works through information networks, or providing paid advertising services on websites or webpages by using infringing works uploaded by others, and charging fees directly or indirectly; (3) Disseminating other people's works through information networks in the form of members, and collecting membership registration fees or other fees; (4) Other circumstances in which other people's works are used for profit. According to this definition, only websites that are purely public welfare and do not generate any income can be considered as non-profit purposes.
Four. Identification of "issue"
Article 2 17 of the Criminal Law stipulates that it is a crime to "reproduce and distribute written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner". The Opinions clearly stipulate that "dissemination through information networks" also belongs to the "distribution" behavior referred to in this article. This has greatly broadened the scope of criminal law's attack on the Internet.
Verb (abbreviation of verb) on sentencing standards
Article 2 17 of the Criminal Law also stipulates that those who infringe intellectual property rights shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and those who infringe intellectual property rights shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. What is the definition of "serious circumstances" in the Opinions? (a) the amount of illegal business is more than fifty thousand yuan; (two) the total number of works of others is more than 500 pieces (departments); (three) the actual number of clicks to spread other people's works has reached more than fifty thousand times; (4) Disseminating other people's works by means of membership, with more than 1,000 registered members; (5) Although the amount or quantity does not meet the standards specified in Items (1) to (4), it reaches more than half of the two or more standards respectively; (six) other serious circumstances. What do you mean, "the circumstances are particularly serious"? "The amount or quantity of the acts specified in the preceding paragraph is more than five times the standards specified in items (1) to (5) of the preceding paragraph."
Six, about joint and several liability
This judicial interpretation reaffirms the unreasonable provisions of Tort Liability Law, and network infringement has joint and several liability. "Anyone who knows that others provide services such as Internet access, server hosting, network storage space, communication transmission channels, charging fees on behalf of others, and fee settlement shall be punished as a criminal who infringes intellectual property rights."
Edit the meaning of this paragraph.
The object is the intellectual achievement of human beings.
Some people call it a spiritual (intellectual) product. This kind of output (intellectual achievement) also belongs to an intangible property or intangible property, but it is different from intangible property belonging to physical products (such as electricity) and intangible property belonging to rights (such as mortgage and trademark rights). It is the direct product of human intellectual activity (brain activity). This intellectual achievement is not only thought, but also the expression of thought. But it is different from the carrier of thought.
The proprietary intellectual achievements of the right subject are as follows
Exclusive use, at this point, is similar to ownership in real right, so it used to be classified as real right.
The nature of interest is different.
The benefits of intellectual property are both economic and non-economic. These two aspects are combined and inseparable. Therefore, intellectual property rights are different from neighboring rights (mainly non-economic interests) and property rights (mainly economic interests).