What is an IP crime and what are the characteristics of an IP crime

1) It involves a wide range of fields.

The crime of infringement of intellectual property rights involves a wide range of fields, and with the popularization of the knowledge economy, the fields involved in the crime of infringement of intellectual property rights are gradually expanding, such as economy, culture and science.

Technology, education, health and other fields are everywhere. Implicate ** organs, institutions of higher learning, scientific research institutions, health departments, publishing industry, manufacturing, animal husbandry, information industry and other industries and departments.

2) The types of crimes are relatively concentrated.

At present, the types of intellectual property infringement crimes are mainly concentrated in the crime of counterfeiting registered trademarks and the crime of selling goods with counterfeit registered trademarks.

grasp the corresponding counterfeiting technology; On the other hand, the punishment for the crime of counterfeiting registered trademarks is insufficient, and a considerable number of perpetrators in judicial practice have been convicted of infringement of registered trademarks.

Those who have received administrative or criminal punishments for similar crimes. In addition, the criminal cases of infringement of trade secrets involve relatively high technical content, and the definitions in the civil and criminal fields are the same.

series of problems, in criminal justice practice, the number of such cases is also relatively small.

3) Spatial distribution law.

The spatial distribution of crime can reflect the correlation between specific spatial conditions and a certain type of crime. China has a vast territory and extremely unbalanced economic and cultural development, and intellectual property crimes are also showing an obvious imbalance.

4) The means of committing crimes are constantly updated.

In today's era, intellectual property infringement crimes involving new technologies are becoming more and more common, and intellectual property crimes are penetrating into emerging economic fields such as telecommunications, technology markets, talent markets, and e-commerce. At the same time, the production equipment and production technology used in the process of criminal activities are becoming more and more advanced, the level of counterfeiting is also getting higher and higher, and the means and targets of crimes are showing a trend of specialization and science and technology.

At present, the use of computers and networks to commit intellectual property crimes is increasing.

On the rise, criminals began to rely on their own computer technology and network knowledge to steal corporate trade secrets, illegally copy ** linked works, and clone software through information platforms.

Illegal use of other people's domain names, etc., infringing on the intellectual property rights of others.

In practice, there have been cases of infringing on new technology products, counterfeiting LCD screens, counterfeiting laser holographic signs, and so on.

Cases of crimes with a high level of science and technology show that the crime of infringement of intellectual property rights is developing towards a crime form with obvious specialization and high technology content.

Intellectual property crime is one of the types of crimes severely cracked down on by China's laws and regulations, and at this time, for intellectual property crimes, as long as the perpetrator infringes on intellectual property rights, criminal punishment or civil punishment must be imposed according to the actual situation.

There are four types of intellectual property crimes, which are as follows: (1) The crime of counterfeiting a registered trademark requires the consent of the trademark owner to use a registered trademark in the same kind of goods, and a royalty is usually paid. However, some businesses use registered trademarks without the consent of the trademark owner in order to make huge profits, and if the circumstances are serious, they may be sentenced to up to three years in prison.

2) The crime of selling goods with counterfeit registered trademarks requires that the offender know that the goods are counterfeit registered trademarks, and the amount of sales is also required. where the amount of sales is relatively large, a sentence of up to three years imprisonment is to be given. (3) The crime of copyright infringement infringes on the copyright of others, and the requirement is to make a profit, and the amount of unlawful gains is relatively large, and the sentence is up to three years imprisonment.

4) The crime of infringing on trade secrets: Infringement of trade secrets is a civil tort, but it may also constitute a crime if it causes huge losses to the trade secret holder. The following acts constitute the crime of infringing on trade secrets: 1. Obtaining the secrets of a trade secret by theft, inducement, coercion or other improper means; 2. Disclosing, using, or allowing others to use the rights holder's trade secrets obtained by means of the preceding paragraph; 3. Disclosing, using, or allowing others to use the trade secrets in their possession in violation of the agreement or the right holder's requirements for keeping trade secrets.

If you know that it is an infringement of trade secrets, but still use or disclose it, it is also an act of infringement of trade secrets. An entity can also commit an intellectual property offence, and the amount specified for each crime is also different. Since the protection of intellectual property rights in China is time-limited, the infringement of intellectual property rights beyond the protection period does not constitute a crime.

Legal basisArticle 5 of the Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases.

A lawsuit filed for patent infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes: the place where the manufacture, use, offer to sell, sale, import and other acts of the alleged product infringing the patent right of invention or utility model are implemented; the place where the use of the patented process is carried out, and the place where the use, offer to sell, sell, import and other acts of the product directly obtained in accordance with the patented process are implemented; the place where the manufacturing, offering to sell, sell, import and other acts of the patented design product are carried out; The place where the act of passing off another person's patent is committed.

The place where the infringement result of the above-mentioned infringement occurred.