Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, business, advertising, publicity, performances and other activities; counterfeiting or unauthorized production of identical or similar trademarks Trademarks, special signs, or sales of counterfeit or unauthorized trademarks, special signs; disguised use of identical or similar trademarks, special signs, patents, works and other creative achievements. my country’s intellectual property rights include three categories, namely trademarks, patents and copyright. If any of these are infringed upon, it can be deemed as infringement of intellectual property rights. In real life, there are many infringements of intellectual property rights, and once it is determined that an infringement has occurred, legal liability will be pursued. So what are the infringements of intellectual property rights? The editor will give you a detailed introduction below.
1. What are the acts that infringe on intellectual property rights? 1. Using the same or similar trademarks, special signs, patents, works and products in production, operation, advertising, publicity, performances and other activities without authorization. Other creative achievements 2. Forgery or unauthorized manufacture of identical or similar trademarks, special signs or sale of forged or unauthorized manufacture of trademarks, special signs 3. Disguised use of identical or similar trademarks, special signs, patents, works and other creative achievements 4. Use the same or similar trademarks, special signs, patents, works in the registration of enterprises, social groups, public institutions, private non-enterprise units and websites, domain names, place names, buildings, structures, places, etc. without authorization and other creative achievements 5. Providing convenient conditions for infringement activities such as venue, warehousing, transportation, mailing, concealment, etc. 6. Other infringement activities that violate relevant national laws and regulations.
II. There are the following punishments for infringement of intellectual property rights: 1. Order to stop the infringement and eliminate the impact 2. Seal relevant property and data that may be transferred, concealed, or destroyed in accordance with the law 3. Eliminate infringement on existing items Trademarks, special signs, patent marks, works and other creative achievements 4. Seize and destroy infringing trademarks, patent marks, special marks 5. Seize molds, printing plates and other tools directly used for infringement 6. Infringing trademarks, special marks If logos, patents, works and other creative achievements are difficult to separate from objects, they shall be ordered and supervised to be destroyed.
3. Compensation for intellectual property infringement 1. First of all, from the perspective of the law of economic equivalence, this law requires the perpetrator to pay the same price for the consequences of his behavior. This price is the same as the victim should pay. The price is roughly the same. Consideration is always the basic element in determining compensation. 2. Secondly, from the perspective of the basic principle of civil law of "equivalent compensation", according to this principle, on the one hand, in legal economic activities, unless otherwise provided by law or otherwise agreed in a contract, obtaining the property interests of others One party shall pay corresponding price or other property benefits to the other party; on the other hand, in illegal civil activities, the perpetrator must compensate for the losses caused by his actions, and the scope of compensation should be consistent with the scope of the losses. 3. Thirdly, from the perspective of "compensation for damages" itself, the so-called "compensation" means "compensation" and "compensation". "Compensation for damages" refers to the compensation for the losses suffered by the victim due to the infringement, so that the injured rights can be compensated. Restore to the state before the infringement. It can be seen from this that only the actual damage caused by the infringer to the right holder (including property loss and mental damage) can be used as the standard for damages to satisfy the above requirements at the same time. The establishment of this standard provides a fair and reasonable objective economic basis for the subsequent scientific determination of the scope of damage compensation and the amount of compensation. Since our country provides protection for intellectual property rights, in this case the infringer needs to bear corresponding responsibilities based on the actual infringement. The common one is civil liability. However, because the infringement may violate criminal law, if it is determined to be In the case of criminal offenses, it is natural to pursue the criminal liability of the infringer.