What rights do citizens protect by cracking down on intellectual infringement?

1) equality before the law;

2) political rights and freedoms, including the right to vote and to stand for election, freedom of speech, of the press, of assembly, of association, of procession and of demonstration;

3) freedom of religious belief;

4) Personal and personality rights, including the inviolability of personal freedom, the inviolability of personal dignity, the inviolability of the home, and the protection of freedom and privacy of correspondence by law;

5) The right to supervise, including the right to criticize, suggest, appeal, accuse, report and obtain compensation in accordance with the law for state organs and their staff;

6) Socio-economic rights, including the right to work, the right of workers to rest, the right to livelihood security for retirees, and the right to receive social security and material assistance from the state and society in case of old age, illness, disability or incapacity to work;

7) Socio-cultural rights and freedoms, including the right to education, freedom to conduct scientific research, literary and artistic creation, and other cultural activities;

8) Women's right to protection, including women's rights equal to men's political, economic, cultural, social and family life;

9) Marriage, family, motherhood and children are protected by the State;

10) The legitimate rights and interests of overseas Chinese, returned overseas Chinese and their relatives shall be protected by the state.

Originality, encouraging citizen innovation.

Legal Analysis: The Supreme People's Court issued the Decision on Further Strengthening Criminal Trial Work, requiring people's courts at all levels to ensure the quality and efficiency of criminal trials and deepen the reform of the criminal trial system. It stresses the need to resolutely crack down on crimes such as the manufacture and sale of counterfeit and shoddy goods, smuggling, and infringement of intellectual property rights.

The decision calls on the people's courts at all levels to give full play to their criminal adjudication functions and roles to safeguard the country's economic security and the order of the socialist market economy. Strictly punish serious crimes in the fields of finance, finance and taxation, and the highest level of responsibility, punish the crime of major liability accidents in the production of trousers at a loss in accordance with the law, resolutely crack down on the production and sale of counterfeit and shoddy goods, smuggling, infringement of intellectual property rights and other crimes, protect the lives and health of the people, and promote sustained and healthy economic development. Punish in accordance with the law all kinds of crimes that endanger the environment and destroy resources, such as major environmental pollution, illegal mining, illegal felling of forests, and illegal occupation of agricultural land, and protect natural resources and the environment.

The Supreme People's Court also stressed the need to implement the criminal policy of blending leniency with severity, punish crimes in accordance with the law, protect human rights in accordance with the law, actively participate in the comprehensive management of public order, and strictly control and prudently apply the death penalty.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 1: This Law is formulated on the basis of the Constitution so as to protect the copyrights of authors of literary, artistic, and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilizations, and to promote the development and prosperity of socialist cultural and scientific undertakings.

Article 2 The works of Chinese citizens, legal persons or unincorporated entities, whether published or not, enjoy copyright in accordance with this Law. Where a foreigner's work is first published within the territory of China, he or she shall enjoy copyright in accordance with this Law.

The copyrights of works published by foreigners in China are protected by this Law in accordance with the agreements signed between the country to which they belong and China Bird Rock or the international treaties to which they are parties.

Legal analysis: As a citizen, in addition to understanding and knowing the relevant intellectual property laws and regulations, you should also take practical actions to respect and protect intellectual property rights. Learn the relevant knowledge of the laws and regulations of selling property rights, so that you can know what constitutes an infringement of intellectual property rights, such as:

Counterfeiting a brand is a trademark infringement, copying another person's technology is a patent infringement, and copying another person's work is a copyright infringement.

Legal basis: Article 11 of the Patent Law of the People's Republic of China After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and operation. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

The consequences of infringing on the intellectual property rights of others need to bear the corresponding civil liability, and if the mistress is serious, he will also bear criminal liability. If the copyright is infringed, the infringer shall compensate the right holder according to the actual loss of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. where a criminal offense is suspected, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.

Article 217 of the Criminal Law of the People's Republic of China: Where any of the following circumstances of copyright infringement are committed for the purpose of making profits, 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; 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, or 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.

First, the basic rights enjoyed by our citizens:

the right to equality; Political rights and freedoms.

freedom of religion or belief;

the right to personal liberty;

the right to criticize, suggest, appeal, accuse and report state organs and their staffs, and the right to obtain compensation;

educational, scientific and cultural rights and freedoms;

Women's rights, marriage, family, children and the elderly are protected by the State;

The lawful rights and interests of overseas Chinese, returned overseas Chinese, and their relatives are protected by law.

Second, explanation. 1. Personality rights are the right to be human beings, and it is the basic right of citizens. It includes two categories: material personality rights such as the right to life and health, and spiritual personality rights such as the right to name, portrait rights, reputation rights, and privacy rights.

Personality rights, as part of human rights, accompany life and accompany us from birth. In the course of our lives, it is enjoyed by each individual and cannot be transferred, discarded, inherited, unlawfully restricted by others, and cannot be separated from our lives. Among the personality rights of citizens, the right to life and health is in the first place.

2. To the extent permitted by law, the personal and always self-controlled of citizens, and the right to personal liberty is the basic guarantee for us to participate in various activities and fully enjoy other rights.

If the circumstances are minor, the local neighborhood office may intervene in mediation or apply to an arbitration institution for arbitration, and if the circumstances are more serious or the mediation and arbitration is unsuccessful, an application may be made to the people's court for trial. When citizens are harmed by the criminal acts of others, they should promptly report the case to the public security organs to protect their own rights and interests. or to defend rights by means of litigation.

1. Article 6 of the Tort Liability Law of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability.

2. Where the actor is presumed to be at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Compensation for losses;

7) Apologize;

8) Eliminate the impact and restore the reputation.

The above methods of bearing tort liability may be applied separately or in combination.

When the right to reputation is infringed, first collect and fix the evidence, entrust a lawyer from a law firm to send a lawyer's letter, and if necessary, file a lawsuit in accordance with the law, requesting the court to make a judgment to delete the post, apologize, pay damages, etc.

It's too complicated, so if you really need to, you should consult a lawyer.

When a citizen's legitimate rights and interests are illegally infringed upon, he must first have the courage to struggle against those who infringe upon his or her legitimate rights and interests, which is not only a citizen's own right, but also a citizen's obligation. It is necessary to be good at fighting against illegal infringers who infringe upon their legitimate rights and interests, safeguard their own legitimate rights and interests, and adopt legal means and channels to stop the infringement and protect the legitimate rights and interests of citizens. Among them, stopping the infringement, eliminating the impact, and making a formal apology are non-property liability methods, and compensation for losses is property liability methods.

When the lawful rights and interests are infringed, the infringer may be required to stop the infringement, and a lawsuit may also be filed in the people's court. When a citizen's legitimate rights and interests are illegally infringed upon, he must first have the courage to struggle against those who infringe upon his or her legitimate rights and interests, which is not only a citizen's own right, but also a citizen's obligation. They should be good at waging struggle against illegal infringers who infringe upon their legitimate rights and interests, and safeguard their own legitimate rights and interests.

It is necessary to adopt legal means and channels to stop infringement and protect the legitimate rights and interests of citizens, and not to use illegal means to solve the problem of illegal infringement, that is, to rely on the strength of law enforcement organs to protect their legitimate and lawful rights and interests.

Extended information: Civil liability includes stopping the infringement, eliminating the impact, apologizing, and compensating for losses. Among them, stopping the infringement, eliminating the impact, and making a formal apology are non-property liability methods, and compensation for losses is property liability methods.

Legitimate rights and interests refer to the privileges that are protected by national laws and can obtain the expected benefits in a simple way, such as various intangible assets. Rights and interests that comply with the law. In China, the legitimate interests of citizens include political rights, democratic rights, personal rights, economic rights, and educational rights as stipulated in the Constitution and laws.

Legal basis: Article 179 of the Civil Code of the People's Republic of China on the basis of civil liability.