How to judge the severity of intellectual property infringement?
Intellectual property covers a wide range, including: patents, trademarks, copyrights, integrated circuit layout, trade secrets and so on. We take patent infringement as an example. The crime of counterfeiting patent refers to the act of counterfeiting another person's patent 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. According to my understanding, you should be asking about Article (4) mentioned above. For example, the illegal business volume and illegal income of 1:A is 80,000, which has caused direct economic losses to the patentee by 4 1 10,000, and counterfeit patents 1 piece. Does this not conform to the above (1), (2) and (3)? However, the problem is that A is a recidivist, which is the third time he has made the same mistake. Every time he fakes 1 patent, this is the third patent he fakes. Therefore, although the amount is not up to standard, according to the law, as long as the unit or individual has been punished twice or more for counterfeiting other people's patents, the illegal income is more than 80,000 yuan or the direct economic loss to the patentee is more than 400,000 yuan. This is the case of punishment. For example, 2: B imitates a patent, the illegal business volume and illegal income are both 1, which causes direct economic losses to the patentee 1, and the counterfeit patent 1, but it does not meet the above (1), (2) and (3), but B is the king of recidivists, which is his first/. This is his forged patentNo. 100. This kind of patent has a bad influence, and its behavior causes social unrest, seriously damages the interests of the patentee or seriously damages the image of the party and the government. To sum up, it can be understood that the amount is not enough, but the nature is bad, or it is a recidivist, which belongs to other serious circumstances in ④.