Intellectual property rights in China include three categories, namely trademarks, patents and copyrights. If one of them infringes, it can be regarded as infringement of intellectual property rights. In real life, there are many acts of infringing intellectual property rights, and once they are found to constitute infringement, they will be investigated for legal responsibility. What are the acts of infringing intellectual property rights? The following small series will give you a detailed introduction.
1. What are the acts of infringing intellectual property rights?
1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance.
2. Forge or manufacture identical or similar trademarks and special signs without authorization, or sell forged or unauthorized trademarks and special signs.
3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements.
4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places.
5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for infringement.
6. Other infringements in violation of relevant national laws and regulations.
Two, the penalties for infringement of intellectual property rights are as follows:
1, ordered to stop the infringement and eliminate the impact.
2. Seal up relevant property and materials that may be transferred, concealed or destroyed according to law.
3. Eliminate trademark marks, special marks, patent marks, works and other creative achievements that infringe on existing articles.
4. Collect and destroy infringing trademark marks, patent marks and special marks.
5. Collect tools such as molds and plates directly used for infringement.
6, infringing trademarks, special signs, patents, works and other creative achievements and articles are difficult to separate, it shall be ordered and supervised to destroy.
Third, compensation for infringement of intellectual property rights.
1. First of all, from the perspective of the law of economic equivalence, this law requires the actor to pay the same price for the consequences caused by his actions, which is roughly equal to the price that the victim deserves. Consideration is always the basic factor in determining salary.
2. Secondly, according to the basic principle of "equal compensation" in civil law, on the one hand, in legal economic activities, unless otherwise stipulated by law or in the contract, the party that obtains the property interests of others shall pay the corresponding price or other property interests to the other party; On the other hand, in illegal civil activities, the actor must compensate for the losses caused by his actions, and the scope of compensation should be consistent with the scope of losses.
Thirdly, from the point of "compensation for damages" itself, the so-called "compensation" means to restore the damaged rights to the state before the infringement by compensating the victims for the losses they suffered. Therefore, only the actual damage (including property loss and mental damage) caused by the infringer to the obligee meets the above requirements can it be used as the standard of damage compensation. The establishment of this standard provides a fair and reasonable objective economic basis for the subsequent scientific determination of the scope and amount of damages.
Because China provides protection for intellectual property rights, in this case, the infringer needs to bear corresponding responsibilities according to the actual infringement situation, and civil liability is common. However, because the infringement may violate the criminal law, it is natural to investigate the criminal responsibility of the infringer when it is identified as a criminal offence.