What are the criteria for filing a case in court for infringement of intellectual property rights?
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. Crimes against intellectual property rights mainly include: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing and selling goods with illegally manufactured registered trademarks, the crime of counterfeiting patents, the crime of infringing copyrights, the crime of selling infringing copies, and the crime of infringing trade secrets. 1. Crime of counterfeiting registered trademarks The crime of counterfeiting registered trademarks refers to the serious behavior of the directly responsible personnel of enterprises and institutions or individual businessmen who use the same trademark on the same commodity without the permission of the registered trademark owner. In any of the following circumstances, a case shall be filed: (1) The amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan; (3) Other serious circumstances. 2. Crime of selling goods with counterfeit registered trademarks The crime of selling goods with counterfeit registered trademarks refers to the behavior of enterprises, institutions or individuals that knowingly sell goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is more than 50,000 yuan shall file a case. 3. Crime of illegally manufacturing and selling illegally manufactured registered trademark marks The crime of illegally manufacturing and selling illegally manufactured registered trademark marks refers to the act of illegally manufacturing or selling illegally manufactured registered trademark marks of others, with a large amount of illegal income or other serious circumstances. (1) Forging, manufacturing or selling without authorization more than 20,000 forged and manufactured registered trademarks, or the illegal business amount is more than 50,000 yuan, or the illegal income is more than 30,000 yuan; (2) Forging, manufacturing or selling more than 1 10,000 forged or manufactured trademarks without authorization, or the illegal business amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan; (3) Other serious circumstances. 4. The crime of counterfeiting patent refers to the act of counterfeiting the patent of others without the permission of the patentee, and the circumstances are serious. In any of the following circumstances, a case shall be filed: (1) The amount of illegal business operation is more than 200,000 yuan or the amount of illegal income is more than 100,000 yuan; (2) Causing direct economic losses of more than 500,000 yuan to the patentee; (3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan; (4) Other serious circumstances. 5. Crime of Copyright Infringement The crime of copyright infringement refers to the act of copying and distributing written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, or publishing books with exclusive publishing rights for others, or copying and distributing audio and video products made by the audio and video producers without the permission of the audio and video producers, or making and selling art works with fake signatures of others, with a large amount of illegal income or other serious circumstances. In any of the following circumstances, a case shall be filed: (1) The amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan; (2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, with a total of more than 500 copies; (3) Other serious circumstances. 6. Crime of selling infringing copies The crime of selling infringing copies refers to the act of selling written works, music, movies, television, audio and video products, computer software, books and artistic works signed by others for the purpose of making profits, and the illegal income is huge. If the amount of illegal income is more than 654.38+10,000 yuan, it shall be placed on file. 7. Crime of infringing on trade secrets The crime of infringing on trade secrets refers to the act of obtaining the trade secrets of the obligee by improper means such as theft, inducement or coercion, or disclosing, using or allowing others to use the trade secrets of the obligee obtained by improper means, or disclosing, using or allowing others to use the trade secrets in their possession in violation of the agreement or the obligee's requirements on keeping trade secrets, thus causing the obligee of trade secrets to suffer heavy losses. Infringement of trade secrets, causing direct economic losses of more than 500 thousand yuan to the owner of trade secrets, should be placed on file.