I. Civil or criminal infringement of intellectual property rights
Violations of intellectual property rights can be both civil and criminal. In a number of cases, where the harm caused by the act in question is of a lesser degree, it is usually only through civil proceedings that the aggrieved party is able to demand that the person responsible for the violation cease his or her violations and that the resulting damage be compensated accordingly。
However, if more serious violations are involved, such as aggravating circumstances and a substantial amount of illicit proceeds, there is a high risk that criminal law provisions will be violated, thus becoming criminal offences。
Article 217 of the criminal law of the people's republic of china
For the purpose of profit, the following violations of copyright or rights relating to copyright are committed: if the offence results in a substantial or other serious offence, the penalty shall be imprisonment for a term not exceeding three years, or a single fine; if the offence results in a substantial or other particularly serious offence, the penalty shall be imprisonment for a term not exceeding three years and not exceeding ten years:
(i) the reproduction and dissemination to the public, through information networks, of works of writing, music, fine arts, audiovisual works, computer software and other works provided for by law and administrative regulations, without the authorization of the author
(ii) the publication of books the exclusive right to publish
(iii) the reproduction, distribution to the public through information networks, of audio-visual recordings produced by them without the permission of their producers
(iv) the reproduction and distribution of audio-visual recordings of performances without the permission of the performer or their dissemination to the public through information networks
(v) the production and sale of works of art forged under the signature of others
(vi) the technical measures taken by the author to protect copyright or rights relating to copyright, etc., are deliberately avoided or undermined without the consent of the author or the holder of the right to copyright。
Ii. What are the seven types of offences against intellectual property rights
The constituent elements of offences against intellectual property include, inter alia, the following categories: the forgery of registered trademarks; the sale of counterfeit registered trademarks; the illicit manufacture and sale of illicitly manufactured registered trademarks; the forgery of patents; and the criminalization of both types of offences against copyright and the sale of tort replicas; and offences against commercial secrets. In adjudicating these offences, comprehensive consideration and judgment are required on the basis of the specific circumstances of the offence, its adverse effects and the guiltyness of the offender. For example, in the case of the offence of impersonating a trademark, if the circumstances are more serious, the offence is punishable by imprisonment for a term not exceeding three years, with the possibility of a fine or a single fine, while in the case of a particularly serious case, the offence is punishable by imprisonment for a term not exceeding three years and not exceeding ten years, with the corresponding fine。
Article 213 of the criminal law of the people's republic of china
The offence of false registration of trademarks is punishable by imprisonment for a term not exceeding three years or a single fine, and in particularly serious cases by imprisonment for a term not exceeding three years and not exceeding ten years, if the same trademark is used in the same goods or services without the permission of the registered owner。
Iii. Types of offences relating to intellectual property violations
Crimes against intellectual property rights are mainly related to the following:
(a) first, offences against the category of trademark rights, such as the forgery of registered trademarks
The second is the offence of violation of copyright, such as copyright
Finally, crimes against commercial secrets, etc. These offences cover all types of illegal infringement of intellectual property rights, including trademarks, writings and commercial secrets。
Article 213 of the criminal law of the people's republic of china
The offence of false registration of trademarks is punishable by imprisonment for a term not exceeding three years or a single fine, and in particularly serious cases by imprisonment for a term not exceeding three years and not exceeding ten years, if the same trademark is used in the same goods or services without the permission of the registered owner。
Violations of intellectual property rights can constitute a civil offence or a criminal offence. Minor damages are mostly settled through civil proceedings, requiring cessation of the violation and compensation. However, serious violations, such as aggravated and highly profitable circumstances, may result in criminal offences, escalation into criminal cases and more severe legal sanctions。
