Infringement of intellectual property rights 1, industrial technological achievements;
2. Commercial signs;
3. literature;
4. Art and science;
5. Other business information.
Specifically, it refers to inventions protected by patents, trademarks protected by trademarks, trade secrets protected by copyrights, new plant varieties protected by special protection, layout design of integrated circuits, special signs, etc.
How to identify intellectual property infringement 1 and manufacturing patented products without permission;
2. Intentionally using the patented product of invention or utility model;
3. Selling or promising to sell patented products without permission;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods;
6. The act of counterfeiting others' patents;
7. The act of counterfeiting patents.
Punishment standard for intellectual property infringement 1, crime of counterfeiting registered trademarks
According to Article 213 of the Criminal Law, anyone who uses the same trademark on the same commodity 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 or criminal detention, 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 seven years and shall also be fined.
2. Crime of selling goods with counterfeit registered trademarks
According to Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
3. The crime of illegally manufacturing and selling illegally manufactured registered trademark marks.
According to Article 215 of the Criminal Law, 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, criminal detention or public surveillance, 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 seven years and shall also be fined.
4. Crime of counterfeiting patents
According to Article 216 of the Criminal Law, whoever imitates another person's patent, 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 only be fined.
5. Crime of copyright infringement
According to the provisions of Article 217 of the Criminal Law, whoever commits one of the following acts of copyright infringement for the purpose of making profits, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, 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 seven years and shall also be fined.
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
(4) Making or selling works of art with forged signatures.
6. Crime of selling infringing copies
According to the provisions of Article 218 of the Criminal Law, anyone who knowingly sells infringing copies specified in Article 217 of this Law for the purpose of making profits, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
7. Crime of infringing trade secrets
According to the provisions of Article 219 of the Criminal Law, whoever causes heavy losses to the right holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The compensation standard of intellectual property infringement is the actual economic loss caused by the infringer to the obligee; The second is all the profits that the infringer gets because of the infringement. In the case of adopting the double indemnity standard, the court chooses the standard of the infringer's benefit from infringement.
Rights protection methods for intellectual property infringement 1. Complain to the administrative department for industry and commerce and apply for administrative investigation and punishment of intellectual property infringement.
2. Contact with newspapers, internet and other news media.
3. Collect and keep the evidence that the other party infringes on the intellectual property rights you enjoy. When necessary, you can consult a lawyer and ask him to investigate, collect evidence and entrust notarization on the facts of intellectual property infringement.
4. Negotiate with the infringer to solve intellectual property disputes or solve them through legal proceedings to safeguard the legitimate rights and interests of their own intellectual property rights.
How to Deal with Suspected Intellectual Property Infringement According to the relevant laws of our country, if someone complains about intellectual property infringement, the parties can negotiate with the complainant and try not to go through judicial procedures.
What are the laws and regulations on intellectual property rights? 1, comprehensive class.
General principles of civil law and foreign trade law.
2. Trademark rights
Trademark Law, Provisions on Identification and Protection of Well-known Trademarks, and Measures for the Administration of Registration of Collective Trademarks and Certification Trademarks.
3. Patent category
Patent law and national defense patent regulations.
4. Copyright category
Copyright law, copyright collective management regulations, computer software protection regulations, information network communication rights protection regulations.
5. Trade secrets
Some provisions of the Anti-Unfair Competition Law on prohibiting infringement of trade secrets.
6. Right to new plant varieties
Regulations on the protection of new plant varieties.
7. Special signs
Regulations on the Administration of Special Signs, Regulations on the Protection of Olympic Signs and Regulations on the Protection of World Expo Signs.
8. Geographical indications
Trademark Law, Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks, and Provisions on the Protection of Geographical Indications Products.
9. The exclusive right category of integrated circuit layout design
Regulations on the protection of layout design of integrated circuits and regulations on the protection of layout design of integrated circuits.
10, other classes
Regulations on Customs Protection of Intellectual Property Rights, Measures for the Implementation of Regulations on Customs Protection of Intellectual Property Rights in People's Republic of China (PRC) and Measures for the Protection of Intellectual Property Rights in Exhibition.