1, the crime of infringing trade secrets, and the implementation of the first phase agreement of Sino-US economic and trade negotiations.
The first chapter of the economic and trade agreement reached between China and the United States is intellectual property rights. According to the agreement, China should list other acts that constitute infringement of trade secrets, especially "electronic intrusion, violation or induced violation of the obligation not to disclose secret information or information intended to be kept secret ...". Amendment (XI) to the Criminal Law amended Article 2 19 of the crime of infringing trade secrets, and implemented other acts of infringing trade secrets agreed in the first stage of Sino-US economic and trade negotiations.
2. Increase the punishment for intellectual property crimes, and change the original maximum sentencing limit from seven years to ten years.
In this amendment, all the crimes of infringing intellectual property rights except the crime of counterfeiting patents are deleted from the main punishment of public surveillance and criminal detention. Those who meet the constitutive requirements of a crime are sentenced with fixed-term imprisonment as the starting point.
In the specific crime of infringing intellectual property rights, the original sentence may be less than 3 years or 3 to 7 years for the same crime, and the amendment is extended to less than 5 years or 3 years to 10 years, which increases the intensity of applicable punishment.
3. Add the crime of commercial espionage.
Incorporate the act of "stealing, spying, buying and illegally providing business secrets for overseas institutions, organizations and personnel" into the specific provisions of the criminal law. The basis of this clause is that the development path of global integration of financial and economic systems is closely related. Under the background of Sino-US trade war, the agreements signed by China and the United States are all around intellectual property rights, technology transfer and other related contents. In this context, standardizing the protection of trade secrets and promoting the standardized development of trading environment at home and abroad are conducive to promoting fair competition among enterprises and creating a good business environment.
The addition of the crime of "commercial espionage" will greatly curb the behavior of some enterprises to obtain competitors' trade secrets through various means, and remind some enterprises to avoid contamination and involvement in this crime; Through the setting of this crime, the commercial subject is endowed with the ability to prevent others from infringing on its trade secrets and effectively protect its trade secrets.
4. Amend the tort and increase the types of crimes against trade secrets.
Clearly include "electronic intrusion" or obtaining trade secrets by other improper means as a means to identify criminal offences; In view of the constant changes of infringing technical means, we should guard against the methods of stealing secrets in the computer field such as illegal invasion by hackers and computer virus implantation.
It is worth noting that the concept of trade secret has been deleted in the Criminal Law Amendment (XI), which will have two effects on the determination of trade secret. First, the criteria for identifying trade secrets are open and can cope with new situations and problems; second, the crime of trade secrets is generalized, and the objective risk of "analogical interpretation" is increased.
5. Article 2 13 is a new "service trademark" in the crime of counterfeiting registered trademarks, which raises the protection status of service trademarks to the same level as commodity trademarks.
Article 2 13 of the revised criminal law stipulates: "If the circumstances are serious, using the same trademark as its registered trademark on the same kind of goods and services without the permission of the registered trademark owner shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. "
Service trademark is a symbol used by service providers to distinguish their own services from those provided by others. Service trademarks, like commodity trademarks, can be composed of words, graphics, letters, numbers, three-dimensional signs, sounds and colors, and the combination of the above elements (for example, Microsoft and Google are both service brands).
1988, China began to adopt the Nice Agreement on International Classification of Goods and Services for trademark registration. Later, in order to fulfill the relevant intellectual property treaties, the content of service trademarks was added when the Trademark Law was revised in 1993. However, in criminal law, service trademarks have never been included in the scope of protection in the field of intellectual property crimes. Based on the principle of legally prescribed punishment for a crime, there is no conviction and punishment for infringement of service trademarks in judicial practice. This revision adds intangible services and pays more attention to the legal protection of service brands.
6. The revised crime of copyright infringement will include short videos such as Tik Tok, Aauto Quicker and Betta, live webcasts and online game animations.
With the rapid development of information network technology, great changes have taken place in the cultural industry, and entertainment industries such as short video and webcasting, represented by Tik Tok and Betta Fish, have flourished.
Previously, the new Copyright Law was revised in the 13th the National People's Congress Standing Committee (NPCSC) on June 1 1 in 2020, and came into force on June 1 in 2026. The definition of a work is clarified in legal form, and the general term "other works stipulated by laws and administrative regulations" is amended as follows
Therefore, the Criminal Law Amendment (XI) changes the "film, television and video works" involved in the crime of copyright infringement in Article 2 17 and the new copyright law into "audio-visual works", adds "artistic works", increases the protection of performers' rights in the neighboring rights of copyright, and clarifies the infringement of "spreading to the public through information networks", which is also different from the new one.