It is not an illegal crime, but if it is an online fraud, whether a case should be filed depends on the people's court, people's procuratorate or public security agency to promptly handle the materials reported, accused, reported and surrendered according to the jurisdiction. Review and file a case if it is deemed that there are criminal facts that require criminal liability. When it is considered that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case will not be filed and the accuser will be notified of the reasons for not filing the case. If the accuser is dissatisfied, he may apply for reconsideration. If the illegal income from reselling courses exceeds 100,000 yuan, or the unsold goods are worth 300,000 yuan, a case will be filed for prosecution. According to Chinese law, anyone who commits the crime of selling infringing copies shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. If a unit commits the crime of selling infringing copies, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the individual committing the crime. According to Article 15 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement, any unit that commits this crime shall be convicted and sentenced at three times the conviction and sentencing standard for the corresponding individual crime.
Legal basis: Article 25 of the "Patent Law of the People's Republic of China" does not grant patent rights for the following items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
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(5) Substances obtained by atomic nuclei transformation method;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as a mark.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.