Is an infringement of intellectual property a criminal case
If the conditions are met, they constitute an offence; according to the penal code:
Article 213, which uses the same trademark as its registered trademark on the same commodity without the permission of the registered owner, shall be punishable by imprisonment for a term not exceeding three years or by detention, or by a single fine, in serious cases, and by imprisonment for a term not exceeding three years and not exceeding seven years and a fine。
The sale of goods in the knowledge that they are registered under a trademark is punishable by imprisonment for a term not exceeding three years or by detention, or by a single fine, and by imprisonment for a term not exceeding three years and not exceeding seven years。
Article 215, on the other hand, concerns the forgery or unauthorized manufacture of trademarks or the sale of false or unauthorized trademarks. In serious cases, the penalty shall be imprisonment for a term not exceeding three years, detention or control, or a fine of not less than seven years; in particularly serious cases, the penalty shall be imprisonment for a term not exceeding three years and not exceeding seven years。
Article 216, which counterfeits the patent of another person, in serious cases, is punishable by imprisonment for a term not exceeding three years or by detention, with or without a fine。
Article 217, for the purpose of profit, provides for a penalty of imprisonment for a term not exceeding three years or for detention, or a single fine, if the offence is committed in the following cases of violation of copyright:
(i) reproduction and distribution of works of writing, music, film, television, video, computer software and other works without the permission of copyright holders;
(ii) the publication of books the exclusive right to publish;
(iii) the reproduction and distribution without the permission of the producer of the audio-visual record;
(iv) the production and sale of works of art forged under the signature of others。
Article 218, for purposes of profit, provides for a penalty of up to three years ' imprisonment or detention and a fine or a single fine for the sale of a replica of an offence committed in the knowledge that it is a violation under article 217 of this law。
Article 219, if one of the following violations of commercial secrets causes substantial damage to the rights-holders of commercial secrets, shall be punished by imprisonment for a term not exceeding three years or by detention, and by a fine or a single fine; if the consequences are particularly serious, the penalty shall be imprisonment for a term not exceeding three years and not exceeding seven years, with a fine:
(i) the acquisition by theft, inducement, coercion or other improper means of the trade secret of the person entitled;
(ii) the disclosure, use or permission of trade secrets of rights holders obtained by previous means;
(iii) the disclosure, use or permit of a trade secret held by a person in breach of an agreement or of a right holder's requirements for the preservation of a business secret。
(b) the acquisition, use or disclosure of another person's business secrets in order to infringe the doctrine of commercial secrecy, knowing or being aware of the acts set forth in the preceding paragraph。
For the purposes of this article, business secrets are technical and operational information that is not known to the public and that provides economic benefits to rights holders, is practical and confidential。
For the purposes of this article, entitled persons are the owners of commercial secrets and the users of commercial secrets licensed by the owners of commercial secrets。
If a unit is guilty of the offences set forth in articles 213 to 219 of this section, it shall be liable to a fine and to punishment in accordance with the provisions of those articles of this section for the persons in charge and other persons directly responsible。
As a combination of the foregoing, violations of intellectual property rights can result in significant damage to the interests of others, generally leading to the criminalization of offences as long as the circumstances are more serious, and thus to the adjudication of offences on the basis of the amount of the offence. Thus, there is a legal basis for the handling of cases in order to ensure that the price is paid to the offender。
