What are the constitutive elements of network intellectual property crime?

Legal analysis: Copyright infringement mainly refers to the reproduction and distribution of written works, musical works, film and television video works, computer software and other works without the permission of the copyright owner, the publication of books with exclusive publishing rights enjoyed by others, the reproduction and distribution of audio and video products made by producers of audio and video products, or the production and sale of artistic works with fake signatures of others, which constitutes the crime of copyright infringement. Patent infringement mainly refers to the act of counterfeiting other people's patents with serious circumstances.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 216 Whoever commits the crime of counterfeiting patents, 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.

Article 217 If the crime of copyright infringement aims at making profits, and the amount of illegal gains is relatively large or there are other serious circumstances, it 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) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public 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;

(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect copyright or copyright-related rights in his works, audio-visual products, etc.