There are 17 clauses in the interpretation. The first seven articles respectively stipulate the conviction and sentencing standards of seven kinds of crimes against intellectual property rights stipulated in Articles 2 13 to 2 19 of the Criminal Law. Articles 8 to 11 respectively define the following terms in Articles 2 13, 2 14, 2 16 and 2 17 of the Criminal Law: "identical trademark", "use", "knowingly counterfeiting other people's patents" and "for profit". Article 15 stipulates that a unit crime shall be executed in accordance with three times the standard of conviction and sentencing for individual crimes. Article 16 stipulates that anyone who knowingly provides convenience to others for committing crimes of infringing intellectual property rights or acting as an agent for import and export business shall be punished as * * *. Article 17 stipulates that the judicial interpretation of intellectual property infringement issued before the implementation of this interpretation is no longer applicable.
The Interpretation lowers the threshold of criminal sanctions for four kinds of criminal acts, such as the crime of counterfeiting registered trademarks. This is an important measure taken by China judicial organs to punish crimes of infringing intellectual property rights and strengthen judicial protection of intellectual property rights in accordance with the spirit of relevant legislation, summing up years of judicial practice experience and proceeding from the specific national conditions of China. Compared with 200 1 Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards for Economic Crimes and 1998 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications", the Interpretation greatly reduces the initial punishment standards for the crimes of counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegally manufacturing and selling goods with illegally manufactured registered trademarks and illegally operating. The Interpretation reduces the starting penalty for copyright infringement from 200,000 yuan to 50,000 yuan, and the amount of illegal income from 50,000 yuan to 30,000 yuan.
This interpretation effectively solves the problem of protecting intellectual property rights in judicial activities, helps to intensify the crackdown on intellectual property crimes, and provides a concrete and applicable legal basis for judicial organs to handle intellectual property infringement cases, and provides a legal basis for protecting the legitimate interests of intellectual property rights holders and maintaining a fair and competitive market economic order.