The crime of infringing intellectual property rights refers to the illegal use of intellectual property rights without the permission of intellectual property rights holders, which infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the amount of illegal income is large or the circumstances are serious. At present, the phenomenon of infringing intellectual property rights is very serious, including the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks infringing intellectual property rights, and the crime of illegally manufacturing or selling illegally manufactured registered trademarks; Crime of infringing copyright and selling infringing copies; Crime of counterfeiting patents; Crime of infringing trade secrets. Intellectual property is the intellectual achievement of human creative labor, including patent right, trademark right and copyright. In the past, China's provisions on intellectual property crimes were only scattered in the Trademark Law, Patent Law, Supplementary Provisions on Punishing Crimes of Counterfeiting Registered Trademarks and Decision on Punishing Crimes of Copyright Infringement, which were not recognized as independent types of crimes. 1997 March 14, the Fifth Session of the Eighth National People's Congress passed the "Amendment to the Criminal Law of People's Republic of China (PRC)", and the revised "Criminal Law of People's Republic of China (PRC)" will make ampqot the crime of infringing intellectual property rights; Qot, as an independent crime category, is stipulated in amp. Qot's crime of undermining the order of socialist market economy; Qot thus stipulated the crime of infringing intellectual property rights in the form of basic criminal law for the first time, and increased the punishment for such crimes. The provisions of the revised criminal law on the crime of infringing intellectual property rights can be roughly divided into four categories: the first category of this paragraph is the crime of infringing trademark rights, including: using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner, and the circumstances are serious and constitute a crime; Selling goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large, which constitutes a crime; As well as the crime of forging intellectual property rights infringement, making others' registered trademark marks without authorization or selling forged or made registered trademark marks without authorization, if the circumstances are serious enough to constitute a crime. The second category of editing this paragraph is the crime of patent infringement, which mainly refers to the serious act of counterfeiting other people's patents. The third category of editing this paragraph is the crime of copyright infringement, which mainly refers to the acts of copyright infringement, such as copying and distributing his written works, musical works, film and television video works, computer software and other works without the permission of the copyright owner, publishing books with exclusive publishing rights for others, copying and distributing audio-visual products made by the audio-visual producer without the permission of the audio-visual producer, or making and selling artistic works with fake signatures of others. The fourth category of this paragraph is the crime of infringing trade secrets. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means according to the provisions of the Criminal Law; Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph; In violation of the agreement or the obligee's requirement to keep business secrets, disclosing, using or allowing others to use the business secrets in their possession, thus causing great damage to the obligee of business secrets, constitutes the crime of infringing business secrets.
Legal objectivity:
Article 213 of the Criminal Law: Whoever uses the same trademark as the registered trademark on the same commodity or service without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or 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 ten years and shall also be fined. Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the 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. 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 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 ten years and shall also be fined.