The crime of infringing intellectual property rights refers to the illegal use of intellectual property rights without the permission of intellectual property rights holders, which infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the amount of illegal income is large or the circumstances are serious. At present, the phenomenon of infringing intellectual property rights is very serious, including the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks infringing intellectual property rights, and the crime of illegally manufacturing or selling illegally manufactured registered trademarks; Crime of infringing copyright and selling infringing copies; Crime of counterfeiting patents; Crime of infringing trade secrets. Intellectual property is the intellectual achievement of human creative labor, including patent right, trademark right and copyright. In the past, China's provisions on intellectual property crimes were only scattered in the Trademark Law, Patent Law, Supplementary Provisions on Punishing Crimes of Counterfeiting Registered Trademarks and Decision on Punishing Crimes of Copyright Infringement, which were not recognized as independent types of crimes. 1997 March 14, the Fifth Session of the Eighth National People's Congress passed the "Amendment to the Criminal Law of People's Republic of China (PRC)", and the revised "Criminal Law of People's Republic of China (PRC)" will make ampq ot the crime of infringing intellectual property rights; Q ot, as an independent crime category, is stipulated in amp. Q ot's crime of destroying the order of socialist market economy; Q ot thus stipulated the crime of infringing intellectual property rights in the form of basic criminal law for the first time, and increased the punishment for such crimes. The provisions of the revised criminal law on the crime of infringing intellectual property rights can be roughly divided into four categories: the first category of this paragraph is the crime of infringing trademark rights, including: using the same trademark as its registered trademark on the same commodity without the permission of the registered trademark owner, and the circumstances are serious and constitute a crime; Selling goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large, which constitutes a crime; As well as the crime of forging intellectual property rights infringement, making others' registered trademark marks without authorization or selling forged or made registered trademark marks without authorization, if the circumstances are serious enough to constitute a crime. The second category of editing this paragraph is the crime of patent infringement, which mainly refers to the serious act of counterfeiting other people's patents. The third category of editing this paragraph is the crime of copyright infringement, which mainly refers to the acts of copyright infringement, such as copying and distributing his written works, musical works, film and television video works, computer software and other works without the permission of the copyright owner, publishing books with exclusive publishing rights for others, copying and distributing audio-visual products made by the audio-visual producer without the permission of the audio-visual producer, or making and selling artistic works with fake signatures of others. The fourth category of this paragraph is the crime of infringing trade secrets. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means according to the provisions of the Criminal Law; Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph; In violation of the agreement or the obligee's requirement to keep business secrets, disclosing, using or allowing others to use the business secrets in their possession, thus causing great damage to the obligee of business secrets, constitutes the crime of infringing business secrets.
Legal basis:
Interpretation of the Supreme People's Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights Article 4 The people's court shall comprehensively consider the means and times of infringement, the duration, geographical scope, scale and consequences of infringement, the behavior of the infringer in litigation and other factors. If the defendant has one of the following circumstances, the people's court may consider the circumstances to be serious: (1) He commits the same or similar infringement again after being subjected to administrative punishment for infringement or being held accountable by the court; (2) Infringement of intellectual property rights; (3) Forging, destroying or hiding evidence of infringement; (4) Refusing to perform the preservation ruling; (five) the infringement gains or the obligee suffers huge losses; (six) the infringement may endanger national security, public interests or personal health; (seven) other circumstances that can be identified as serious.