1. What is the punishment standard for intellectual property infringement?
The punishment standard of intellectual p
1. What is the punishment standard for intellectual property infringement?
The punishment standard of intellectual property infringement needs to be analyzed according to the specific infringement. There are many kinds of intellectual property rights. For example, the punishment standard for patent infringement is to order correction and make an announcement, confiscate the illegal income and impose a fine of less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.
patent law
Article 68 Anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than five times his illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
2. What does intellectual property include?
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
3. What are the crimes related to infringement of intellectual property rights?
1, the crime of counterfeiting a registered trademark.
2. Crime of selling goods with counterfeit registered trademarks.
3. The crime of illegally manufacturing and selling registered trademarks.
4. Crime of copyright infringement.
5. Crime of selling infringing copies.
6. The crime of counterfeiting patents.
7. Crime of infringing trade secrets.
4. What are the legal characteristics of intellectual property rights?
(1) Intellectual property rights are time-sensitive.
Intellectual property rights have a legal protection period. Once the validity period expires, the rights will automatically terminate or disappear, and the related intellectual achievements will become the common wealth of the whole society, and anyone can use them freely.
(2) Intellectual property rights are regional.
Regionality means that intellectual property rights obtained according to a country's laws are only valid within that country, but not in other countries. In this respect, intellectual property rights are different from property rights.
(3) Intellectual property rights are exclusive.
Intellectual achievements can be used by multiple subjects at the same time, so most intellectual property rights have exclusive rights granted by law, and their exclusiveness makes it impossible for two or more obligees to have the same intellectual achievements at the same time.
(4) Intellectual property rights must be directly confirmed by law.
Intellectual property rights have no form, do not occupy space, and are difficult to actually control. Therefore, although the law stipulates that intellectual property rights are civil rights, it does not mean that every citizen enjoys civil rights to the knowledge and wisdom in his mind. The law only recognizes that the object of this civil right is intellectual achievement, not intelligence itself. Therefore, the recognition and protection of intellectual property rights usually require direct and specific legal provisions.
(5) The object of intellectual property is intangible property.
The object of intellectual property protection is an intangible spiritual wealth. The intangibility of object is the essential attribute and characteristic of intellectual property, and it is also the most fundamental sign that this right is different from the ownership of tangible property.
Without the details of intellectual property infringement cases, it is impossible to accurately analyze the punishment standards. In the case that intellectual property infringement does not constitute a crime, the punishment standards mainly include confiscation of illegal income, fines, confiscation of infringing tools, and ordering to stop the infringement. There are seven crimes related to infringement of intellectual property rights, and the sentencing basis for each crime is different.