The main points of judicial interpretation of criminal cases of intellectual property infringement include the following aspects:
I. Criteria for conviction and sentencing
Judicial interpretation clarifies the conviction and sentencing standards for criminal cases of intellectual property rights infringement. Among them, criminal acts that infringe intellectual property rights such as copyright, trademark right and patent right can be sentenced to fixed-term imprisonment, fines and other penalties according to the nature, circumstances and social harm of the infringement.
Second, the rules of evidence
Judicial interpretation stipulates the rules of evidence in criminal cases of infringement of intellectual property rights. Including the provisions on the collection, preservation and identification of electronic data, and clarified the important position and role of electronic data in criminal cases of intellectual property rights infringement.
Third, criminal incidental civil action.
Judicial interpretation clarifies the system of criminal incidental civil action in criminal cases of infringement of intellectual property rights. The victim may file an incidental civil action in criminal proceedings and demand the infringer to bear civil liability for compensation.
Fourth, cross-border law enforcement cooperation.
Judicial interpretation provides a cross-border law enforcement cooperation mechanism for criminal cases of infringement of intellectual property rights. For overseas infringement, China judicial organs can cooperate with foreign judicial organs to crack down on transnational IPR infringement crimes.
To sum up, the main points of judicial interpretation of criminal cases of intellectual property infringement include conviction and sentencing standards, evidence rules, criminal incidental civil litigation and cross-border law enforcement cooperation. These regulations help to strengthen the protection of intellectual property rights and maintain market order and a level playing field.
Legal basis:
Article 216th of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who infringes upon intellectual property rights such as copyright, patent right and trademark right, 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.
Article 74 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings.
Article 25 of the Electronic Signature Law of People's Republic of China (PRC) stipulates that electronic data used as evidence shall comply with the provisions of laws and administrative regulations and be verified by verification.