1. The seven charges of intellectual property crimes are as follows:
(1) Crime of counterfeiting a registered trademark.
(2) the crime of selling goods with counterfeit registered trademarks.
(3) The crime of illegally manufacturing and selling illegally manufactured registered trademark marks.
(4) the crime of counterfeiting patents.
(5) Crime of copyright infringement.
(6) Crime of selling infringing copies.
(7) Crime of infringing trade secrets.
2. Legal basis: Article 2 13 of the Criminal Law.
The crime of counterfeiting a registered trademark uses the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner. If the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years 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 ten years and shall also be fined.
2. What are the constitutive elements of the crime of infringing intellectual property rights?
1. The object of the crime of infringing intellectual property rights not only infringes on the national intellectual property management system, but also infringes on the rights and economic interests of intellectual property rights holders. Intellectual property rights include trademark right, patent right, copyright, invention right and trade secret right.
2. The objective aspect of the crime of infringing intellectual property rights is that the perpetrator violates the administrative regulations of the state on intellectual property protection, infringes the rights and economic interests of the intellectual property right holder without the permission of the intellectual property right holder, and seeks illegal interests, if the circumstances are serious or the amount is large, or causes heavy losses.
3. The subject of the crime of infringing intellectual property rights is a general subject, which can be either a natural person or a unit. Any natural person with criminal responsibility age and responsibility ability can constitute the subject qualification. Natural persons here also include individual industrial and commercial households and individual partnerships. Units, including legal entities and unincorporated entities, are not restricted by ownership and business forms. Specifically, it includes enterprises and institutions, social organizations, foreign-funded enterprises and private enterprises. An unincorporated unit refers to a social organization, an economic organization or a relatively independent department that does not have the qualification of a legal person but can become an unincorporated unit after being registered and approved according to law.
4. The subjective aspect of the crime of infringing intellectual property rights is intentional, and most crimes are aimed at obtaining illegal benefits. The natural person or unit that commits the crime of infringing intellectual property rights, without the permission of the intellectual property right holder, knows that it is an act of infringing the intellectual property rights of others, which is the intentional core of this kind of crime. Except for the crime of infringing trade secrets, most crimes can only be constituted by direct intention, but not by indirect intention.