1. Characteristics of Internet intellectual property infringement:
1. Digitization and networking, which are the basic characteristics of network information resources;
2. Large amount of information , there are many types, and the number of views every day is astronomical;
3. The new information cycle is short, network information saves printing, transportation and other links, and data can be uploaded in time;
4 , The resources are huge and open, and the information resources are not subject to geographical restrictions. Any networked computer can upload and download information;
5. The organization is scattered and there is no unified management mechanism and organization.
2. According to the traditional classification of intellectual property rights, the ways of infringement of online intellectual property rights can be divided into the following categories:
(1) The main ways of infringing copyright online, according to our country According to Articles 46 and 47 of the Copyright Law, any unauthorized use of works protected by the Copyright Law without the permission of the copyright owner and without meeting the conditions stipulated by law is an act of copyright infringement. Online copyright content infringement can generally be divided into three categories: first, complete copying of the content of other web pages; second, although the content of other web pages is slightly modified, it still seriously damages the good image of the plagiarized website; third, the infringer uses technical means to Stealing data from other websites and illegally making a website the same as other websites seriously infringes on the rights of other websites.
(2) The main ways to infringe trademark rights online. With the development of information technology, online sales have also become one of the means of trade. In online transactions, the only way for us to understand online products is to browse the web. Click on the picture, and it is often difficult to distinguish the true from the false in online promotions, but you still sell goods that you know are counterfeit registered trademarks, or use registered trademarks for goods, product packaging, advertising or exhibition of your own products, that is, the act of substituting one thing for another. Used to increase one's own business income, this is a typical manifestation of online trademark infringement. The widespread nature of online shopping has led to more and more online store operators selling everything from electrical appliances to furniture, clothing to accessories. Some online store operators are even openly selling goods with counterfeit registered trademarks at low prices online. The sales behavior even violates the criminal law and constitutes a crime.
(3) The main ways of infringing patent rights on the Internet. There are four main manifestations of patent infringement on the Internet: marking other people’s patent numbers on the products and packaging of products manufactured or sold without permission. Using other people's patent numbers in advertisements or other publicity materials without permission, causing others to mistake the technology involved for other people's patented technology; Using other people's patent numbers in contracts without permission, causing people to misunderstand the technology involved. The technology involved in the contract is mistakenly believed to be the patented technology of others; the patent certificate, patent documents or patent application documents of others are forged or altered.
Legal basis:
"Criminal Law"
Article 213 stipulates that the use of a registered trademark on the same product without the permission of the owner of the registered trademark If a trademark is identical to its registered trademark, if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently with a fine.
Any natural person who commits the crime of copyright infringement shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely a fine; 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 and not more than seven years. imprisonment, and a fine. The circumstances are particularly serious, which means the amount of illegal income is huge or there are other particularly serious circumstances. The so-called huge amount of illegal income, according to relevant judicial interpretations, refers to the amount of illegal income of an individual, that is, the amount of profit, which is more than 100,000 yuan, or the amount of illegal income of an organization is more than 500,000 yuan.
Article 216 stipulates that anyone who counterfeits the patent of others, 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 solely be fined.