It is a very common practice to contact a publication to publish a few articles in order to evaluate professional titles. Everyone in the area knows that if no one reports it, the most they will receive is verbal reprimand or behind-the-scenes comments.
Someone has reported it and the evidence is conclusive, which can prove that the copyright of the article is indeed owned by others, and the specific circumstances must be considered.
Don’t be afraid, it may be an opportunity to blackmail, etc. We need to take him seriously only when he provides evidence.
There will be both civil and criminal liability, which must be determined according to the situation.
Section 7 Crime of Intellectual Property Infringement
Article 213 If a trademark identical to the registered trademark is used on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, the person shall be punished with a sentence of not more than three years. Fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 214 Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount
is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to< /p>
Or only a fine; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years
and shall also be fined.
Article 215: Anyone who forges or manufactures other people’s registered trademarks without authorization or sells counterfeit or unauthorized registered trademarks, if the circumstances are serious, shall be punished
fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine;
If the circumstances are particularly serious, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined
Gold.
Article 216 Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. < /p>
Fixed-term imprisonment or criminal detention of not more than one year, and concurrently or solely a fine; if the illegal income is huge or there are other particularly serious circumstances, the sentence is to be not less than three years but not more than seven years
He shall be sentenced to fixed-term imprisonment and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, Computer software and other works;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing their productions without the permission of the producers of audio and video recordings
Audio and video recording;
(4) Producing and selling works of art that counterfeit the signature of others.
Article 218: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and obtains a huge amount of illegal gains, shall
He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Article 219: Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secrets
shall be sentenced to fixed-term imprisonment of not more than three years or< /p>
A person shall be put under criminal detention and shall also be fined or shall be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Obtain the business secrets of the right holder through theft, inducement, coercion or other improper means; (2) Disclose, use or allow others to use the means mentioned in the preceding paragraph to obtain
The obligee’s trade secrets;
(3) Violating the agreement or violating the obligee’s requirements for keeping trade secrets
by disclosing, using or permitting Others use the trade secrets in their possession
.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others
will be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to those that are not known to the public, can bring economic benefits to the right
owner, are practical and the right owner has taken confidentiality measures
p>
Technical information and business information.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret
.
Article 220 If a unit commits the crimes specified in Articles 213 to 211 of this Section
The unit shall be fined and The person in charge and other directly responsible persons who are directly responsible shall be punished in accordance with the provisions of each article in this section.