I. What is an ipr infringement
In accordance with the relevant legal provisions of our country, violations of intellectual property rights are acts by which the perpetrator objectively infringes the property or personal rights of another person with respect to the intellectual property rights and is liable for civil liability. The violation is an abuse and deprivation of the work of the creators of intellectual property rights and is prohibited by our laws, and no citizen can violate the intellectual property rights of others. Infringements of intellectual property generally include trademark infringement, patent infringement and copyright infringement。
Ii. What are offences against intellectual property rights
The offence of infringement of intellectual property rights is an act of unlawful exploitation of intellectual property rights without the consent of the owner of the intellectual property, of the state's regulatory order of intellectual property rights and of the legitimate rights and interests of the owner of intellectual property rights, or of a greater or more serious nature. In the past, china's provisions on intellectual property offences had been scattered only in the trademarks act, the patents act and the supplementary provisions on the punishment of crimes of counterfeiting registered marks and the decision on the punishment of crimes against copyright, issued by the national people's congress, and were not recognized as separate categories of offences。
Iii. Penal provisions for offences against intellectual property
The subjective aspect of the offence of infringement of intellectual property can only be intentional and cannot be attributed to negligence. This is because, first, in criminal law theory, offences against intellectual property can be classified as statutory offences. As a social phenomenon, a statutory offender does not in and of itself necessarily imply a prohibited nature under the law, and the state considers such an act to be a criminal act solely because of some of its administrative policy considerations and needs. Legal offenders, because of their weak moral and moral condemnability, do not deserve too much accountability for their subjective offences, and the perpetrators are only treated as such when committed with intent. Negligence is usually treated as a general offence. This is a necessary requirement for the value orientation of the modesty of criminal law. Secondly, as far as criminal legislation is concerned, the offence of infringement of intellectual property is undoubtedly an intentional offence, taking into account that criminal legislation is based on the principle of punishment for intentionality, the exception to negligence and the principle of deliberate non-prescriptiveness of the offence, as well as clearly defined legislation。
The above-mentioned article is a presentation on “what is an ipr tort” and focuses on the concept of an ipr tort, as well as the concept of an ipr offence and criminal law provisions for an ipr offence. In addition to this, lawyers who may consult themselves when necessary on legal issues relating to offences against intellectual property rights
