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No way. In China, the word intellectual property is equal to bullshit.
If you look at all kinds of imitation iPhones on the market now, many of them are well-known brands, and even TV commercials have imitation iPhones from Samsung and LG.
Do you know why, because independent intellectual property rights do not have its legal protection in China, and those merchants who have infringed on intellectual property rights only dare to sell those imitation mobile phones in China.
Solair's mobile phones are indeed beautiful, suitable for the young W series, suitable for the mature K and C series, and so on.
However, even Konka's copycat that dared to openly broadcast a half-hour advertisement of more than 600 yuan on CCTV6 also proves a sentence: everything is possible (in China).
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In this way, China cannot develop it on its own, and its ability to imitate plagiarism and piracy ranks first in the world.
Have you been copycating lately? Shanzhai has become a culture.
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In the case that the other party does not apply for property rights protection (appearance, packaging, brand, etc.), counterfeiting cannot be regarded as infringement! Some manufacturers take advantage of these loopholes to satisfy the vanity of consumers; This is also the inevitable result of the development of society and market economy....
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As long as it's not 100% the same, it's not a fake. I have been thinking about iphone for a long time. From nokia, Toshiba, all the way to domestic copycats. So as long as the appearance is a little different, it is not an imitation.
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Because this is China, China's national conditions are not something that ordinary people can understand.
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Design your own and ask for money to throw ......But what you said is imitation, I'm afraid it's a copycat machine, I haven't seen Konka have a mobile phone similar to Soiai, and Konka is not capable of reaching the beauty of Soai.
Malata? That's not for ***, right? Out of the phone...!? A treasure.
It doesn't matter, China is the world's cracking factory, and it is treated with a normal heart.
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The most powerful thing in China is cloning.
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Soai's mobile phone is not all beautiful, right, the function is still good.
Samsung, LG, and Sharp are beautiful.
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This is normal, it is a necessary stage of economic development, and in fact, Japan has also risen in this way.
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In the past, China's provisions on crimes were only scattered in the Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks and the Decision on Punishing the Crime of Copyright Infringement promulgated by the National People's Republic of China on the crime of infringement of intellectual property rights, and they were not recognized as an independent category of crimes. On March 14, 1997, the Fifth Session of the Eighth National People's Congress passed the amendment to the "People's Republic of China", which stipulates the crime of infringing intellectual property rights as an independent crime category in the crime of undermining the socialist market economic order. The provisions of the revised Criminal Law on the crime of infringement of intellectual property rights can be broadly divided into four categories:
The first category of this paragraph is the crime of trademark infringement, including: without the permission of all the vertical pedestrians of the registered trademark, the use of the same trademark on the same kind of goods, the circumstances are serious and constitute a crime; Selling goods that are clearly known to be counterfeit registered trademarks, and the amount of sales is relatively large, constituting a crime; and the crime of forging and infringing intellectual property rights, manufacturing the registered trademark logo of others without authorization, or selling the counterfeit or unauthorized manufacture of the registered trademark logo, where the circumstances are serious and constitute a crime. The second category of this paragraph is the crime of patent infringement, which mainly refers to the act of counterfeiting the patent of another person and the circumstances are serious.
The third category of this paragraph is the crime of copyright infringement, which mainly refers to the reproduction and distribution of its written works, ** works, film and television video works, computer software and other works without the permission of the copyright owner, publishing the books of others with exclusive publishing rights, and reproducing and distributing the audio and video recordings produced by them without the permission of the audio and video producers, or making or ** Infringement of copyright in the form of counterfeiting art works signed by others, where the amount of unlawful gains is relatively large or there are other serious circumstances constituting a crime. The fourth category in this paragraph is the crime of infringing on trade secrets, which is stipulated in the Criminal Law to obtain the right holder by theft, inducement, coercion or other improper means; disclosing, using, or allowing others to use the rights holder's trade secrets obtained by means of the preceding paragraph; Anyone who discloses, uses, or allows others to use the trade secrets in his possession in violation of the agreement or the rights holder's requirements for the preservation of trade secrets, causing major harm to the trade secret rights holder, constitutes the crime of infringing on trade secrets.
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1. Order the infringement to be stopped and the impact eliminated;
2. Seal the relevant property and materials that may be transferred, concealed, or destroyed in accordance with the law;
3. Eliminate infringing trademark marks, special signs, patent marks, works and other creative achievements on existing items;
4. Confiscate and destroy infringing trademark logos, patent marks, and special signs;
5. Confiscate molds, printing plates and other tools directly used for infringement;
6. Where it is difficult to separate infringing trademarks, special signs, patents, works and other creative achievements from the articles, they shall be ordered and supervised to be destroyed.
Legal basis: Criminal Law of the People's Republic of China
Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Article 215 Where the circumstances are serious, whoever forges or manufactures the logo of another person's registered trademark without authorization, or sells the logo of a registered trademark that is forged or manufactured without authorization, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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The crime of infringing intellectual property rights refers to the violation of laws and regulations on the protection of intellectual property rights, the illegal use of intellectual property rights without the permission of the intellectual property owners, the infringement of the state's order in the management of intellectual property rights and the prudent legitimate rights and interests of intellectual property owners, and the amount of illegal gains is relatively large or the circumstances are serious. Article 217 of the Criminal Law of the People's Republic of China [Crime of Copyright Infringement] Whoever, for the purpose of making profits, commits any of the following copyright infringement circumstances, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) Reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings; (4) Producing or counterfeiting works of art signed by others.
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1. Rules for validity review, i.e., taking the initiative to review the validity of rights;
2. The rules for determining the scope of rights, that is, determining the scope of protection with the object of rights as the center. Where copyright infringement is for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.
Legal basis: "Criminal Law of the People's Republic of China" Article 217: Where any of the following circumstances infringe on copyrights or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given
1) Without the permission of the copyright owner, reproducing, distributing, or disseminating to the public through information networks, their written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;
(2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;
4) Without the permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;
5) Producing or counterfeiting works of art signed by others;
6) Without the permission of the copyright owner or copyright-related rights holders, intentionally avoiding or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth.
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Infringement of intellectual property rights refers to the infringement or misappropriation of intellectual property rights such as patent rights, trademark rights, copyrights, trade secrets, etc., legally owned by others without the permission of the right holder or the pre-grant right. Such behavior not only involves the interests of intellectual property owners, but also has a serious impact on the market order and the public interest.
There are various forms of infringement of intellectual property rights, such as piracy, counterfeiting, plagiarism, infringement of trade secrets, etc. For example, copying, distributing, or disseminating a work without the authorization of the copyright owner, or using someone else's trademark logo for one's own products or services without authorization, is an infringement of intellectual property rights.
Infringement of intellectual property rights is very harmful to society and economy, and it will not only damage the interests of the owners of intellectual property rights, but also lead to damage to the interests of legitimate business operators, and even affect the entire market order and public interests. Therefore, all countries** and legal institutions attach great importance to cracking down on infringement of intellectual property rights and strengthening the protection of intellectual property rights in order to maintain market order and a level playing field.
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(1) Unauthorized use of identical or similar trademarks, special signs, patents, works, and other creative achievements in production, business, advertising, publicity, performances, and other activities;
2) Forging or manufacturing identical or similar trademarks or special signs without authorization, or selling counterfeit or unauthorized trademarks or special signs;
3) Disguised use of identical or similar trademarks, distinctive signs, patents, works, and other creative achievements;
4) Without authorization, the use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration and registration of enterprises, social organizations, public institutions, and private non-enterprise units, as well as in the names of enterprises, social organizations, public institutions, and private non-enterprise units;
5) Providing convenient conditions such as venues, storage, transportation, mailing, and concealment for infringing acts;
6) Other infringements that violate the provisions of relevant state laws and regulations.
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Much more. What kind of intellectual property is it?
However, it must be used commercially, and it is generally not a matter for personal use.
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The financial mavericks are a family that solves doubts for you and the general public; The products of the propaganda enterprise are familiar to everyone; Stay in the country to inherit and benefit people.
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This section describes what intellectual property is, including patents, trademarks, copyrights, and trade secrets.
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