(a) the crime of intellectual property rights refers to the intentional infringement of intellectual property rights stipulated in the criminal law of our country, and the amount of illegal income is large or there are other serious circumstances.
(2) The crime of intellectual property rights refers to the behavior that the perpetrator violates the laws and regulations on intellectual property management for the purpose of making profits or other illegal interests, intentionally infringes on the intellectual property rights of others, disrupts the order of the socialist market economy, and the amount of sales and illegal income is relatively large, or there are other serious circumstances.
(3) Intellectual property crimes refer to acts that violate the provisions of the Intellectual Property Law, illegally use intellectual property rights without the permission of intellectual property rights holders, and infringe on the national intellectual property management system and the legitimate rights and interests of intellectual property rights holders, and the circumstances are serious.
(4) Intellectual property crime refers to an act that violates the law and infringes on the intellectual property rights enjoyed by others according to law, if the circumstances are serious, and should bear criminal responsibility according to the provisions of the Criminal Law.
(5) Intellectual property crimes refer to acts in which the perpetrator intentionally infringes on the intellectual property rights of others for the purpose of making profits, and the amount of illegal income from sales or sales is large or there are other serious circumstances.
(6) The crime of infringing intellectual property rights refers to an act that violates the provisions of the intellectual property law and infringes on the intellectual property rights enjoyed by others according to law, and the circumstances are serious.
Second, what are the characteristics of intellectual property crimes?
Intellectual property crime refers to a serious act in which the perpetrator violates the provisions of the intellectual property law, infringes on the intellectual property rights of others or counterfeits intellectual achievements or business logos that enjoy intellectual property rights.
The similar object of intellectual property crime is the national intellectual property management system. Intellectual property management system is the general name of various rules and regulations established by the state for the development, protection and utilization of intellectual property rights, and its core content is the legal system of intellectual property rights. The author emphasizes that the similar object of intellectual property crimes is the national intellectual property management system, which is based on the following considerations:
First, from a global perspective, not all intellectual property crimes are violations of intellectual property rights as private rights. For example, the crime of forging patent records in Article 109 of the British Patent Law and the crime of impersonating a patent in Article 292 of the American Patent Law do not infringe the patent right as a private right. However, this behavior will damage the authority and seriousness of the national patent management system, shake the public's trust in patents, and thus infringe on the national intellectual property management system.
Second, infringement of intellectual property rights will inevitably infringe on the national intellectual property management system. One of the important functions of the national intellectual property management system is to protect intellectual property rights and infringe on the intellectual property rights of others, which is essentially a challenge to the authority of the national intellectual property management system.
Third, China's criminal law puts the crime of infringing intellectual property rights in the crime of undermining the order of the socialist market economy, not in the crime of infringing property. This shows that legislators pay more attention to understanding the criminal law protection of intellectual property rights from the level of market economy management system. Intellectual property management system is an integral part of market economy management system. Understanding the criminal law protection of intellectual property rights from the perspective of market economy management system does not mean lowering the level of criminal law protection of intellectual property rights. This is because the infringement of intellectual property rights is essentially an infringement of the national intellectual property management system, and most serious violations of intellectual property rights are stipulated as crimes.