What are the harms of intellectual property infringement that impressed you?

It has brought me incalculable economic losses, = let me become a nobody, let me have nothing, I am scolded everywhere, I am questioned and do not believe that it is my creation, and I can't believe that others want to take possession of your work for a dime, and fourth, although the infringing works bring me a certain income, but also bring a shackle to the infringer, and the consequence of infringement is to go to prison, and it will also make the infringer return to the past life

Where the circumstances are serious, the offender shall be sentenced to up to three years imprisonment, 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.

I was sued by someone who owned the intellectual property rights, fined a lot of money, and was not able to work in this related work for many years.

The most impressive infringement, the great harm of intellectual property rights, is that your ** was stolen by others when you graduated.

The most serious thing I have experienced is that the graduation certificate will not be awarded because of the serious duplicate check.

There are some film and television works that have changed Journey to the West into a mess and ruined the classic images of some characters.

The **writer on the Internet was plagiarized by other writers because he wrote a good ancient romance**, and he also got an axe.

There is a friend who is at home because she didn't go to work because she got married early, but her family looks down on her.

Splendid Weiyang", I remember that many writers jointly sued at that time.

Whoever violated it, hehe, please reply!

General intellectual property rights are "a general term for the right to make a living in accordance with the law based on the results of creation and industrial and commercial marks". The three main types of intellectual property rights are copyrights, patents and trademarks, of which patent rights and trademark rights are also collectively referred to as industrial property rights.

Exclusive license: Exclusive license means that the intellectual property rights can only be used by the licensee in accordance with the agreed method within the agreed time and territory, and the intellectual property owner himself cannot use them according to the agreement, nor can he sublicense them to others. The exclusive license is more exclusive, and the licensee of the exclusive license can even oppose the use of the intellectual property owner within the scope of the contract.

Exclusive license: Exclusive license means that the licensee can use the intellectual property rights in accordance with the agreed time and territory, and the intellectual property owner himself can also use the intellectual property rights but cannot be separately licensed to others.

Ordinary license: A general license means that within the agreed time and territory, not only the licensee can use the intellectual property rights of the intellectual property office in accordance with the agreed method, but also the intellectual property owner can use it himself, and can continue to license it to others. Ordinary licenses have the weakest "adversarial effect" compared to exclusive and exclusive licenses.

The above information refers to Encyclopedia - Intellectual Property.

During the Chinese New Year in 2020, after the outbreak of new crown pneumonia, protective and disinfection supplies such as masks, alcohol, and protective clothing became the most "hot" commodities in the special period.

Three-free mask products put on the coat of well-known protective brands, quietly appeared on the shelves of a chain pharmacy in Hangzhou, and immediately became the object of people's rush to buy. In February 2020, after receiving the clues transferred by the Market Supervision and Administration Bureau, the Weihao public security organs immediately launched an investigation.

The procurator who undertook the case intervened in three cases of suspected sale of counterfeit and shoddy masks in advance, actively guided the investigation and evidence collection, ensured the uniformity of evidence collection, and effectively improved the accuracy and timeliness of the prosecution and investigation work.

In a mask case involving infringement of the intellectual property rights of Zhishou Sui, after the brand owner appraised the authenticity of the brand of the seized mask, the procuratorate sent the mask involved to an institution with mask quality appraisal qualifications to confirm whether the quality of the mask met the implementation standards indicated on its outer packaging.

At the same time, after the arrest of the criminal suspect is approved, the criminal case handling and public interest litigation departments will jointly continue to pay attention, grasp the progress of the case at the same time, and effectively give full play to the procuratorial supervision function.

The law stipulates that:

Article 123 of the Civil Code, which came into effect on January 1, 2021, stipulates that "civil subjects enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter:

a) the work; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law. ”

The forms of civil liability for infringement of intellectual property rights mainly include stopping the infringement, eliminating the impact, making a formal apology and compensating for losses. Among them, compensation for losses is the main form of liability. The determination of the amount of damages for infringement of intellectual property rights is mainly calculated by the following methods:

4.If it is difficult to determine according to the above methods, in a civil lawsuit for copyright or trademark infringement, the court shall make a judgment of more than 500,000 yuan at its discretion according to the request of the parties or ex officio. In a civil lawsuit for patent infringement, where it is difficult to determine the losses of the right holder, the benefits obtained by the infringer, and the patent license fee, the people's court may grant compensation of between 10,000 and 1,000,000 RMB according to factors such as the type of patent, the nature and circumstances of the infringement, and so on.

The determination of the amount of damages for trade secret infringement as provided for in Article 10 of the Anti-Unfair Competition Law may be carried out with reference to the method for determining the amount of damages for patent infringement. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement, including the reasonable expenses of the right holder or the entrusted person to investigate and collect evidence for the infringement; The court may also calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation based on the parties' litigation claims and the specific circumstances of the case.

(1) Intellectual property infringement will be subject to civil sanctions. According to the provisions of the Patent Law, if any person commits an act of infringing intellectual property rights for the purpose of production or business without the permission of the right holder, the right holder or interested party may request to stop the infringement and request the infringer to compensate, and the amount of compensation for the infringement of intellectual property rights shall be determined according to the size of the loss and benefit suffered by the right holder. In fact, the right holder can not only claim compensation for economic losses, but also take measures to restore the business reputation of the right holder.

3) Intellectual property infringement is subject to criminal sanctions. According to the relevant provisions of intellectual property law, intellectual property infringement is generally subject to civil sanctions, but sometimes criminal sanctions are also required. In accordance with the relevant provisions of the Intellectual Property Law:

If the infringement has constituted a crime, they will be investigated for criminal liability in accordance with the law". If necessary, you can find Xiye.

The consequences of infringing on the intellectual property rights of others need to bear the corresponding civil responsibility, and if the circumstances are serious, they must also bear criminal responsibility. If the copyright is infringed, the infringer shall compensate according to the actual losses of the right holder; Where the actual losses are difficult to calculate, compensation may be given in accordance with the infringer's unlawful gains. Whoever is suspected of committing the crime of envy and suffocation shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention 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 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.

1. Infringement of intellectual property rights.

Violations of intellectual property rights include infringement of copyrights, trademarks and patents.

Copyright infringement can be further divided into infringement of moral rights and infringement of property rights. Trademark infringement is mainly manifested in the misappropriation and fraudulent use of others' trademarks, which can be divided into two categories: "positive fraud" and "reverse fraud". Patent infringement is mainly manifested in the act of exploiting the patent without the permission of the patentee.

II. Consequences of Infringement of Intellectual Property Rights.

1. Counterfeiting of registered trademarks.

According to Article 213 of the Criminal Law, without the permission of the owner of the registered trademark, the use of a trademark identical to the registered trademark on the same kind of goods, if 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.

2. The crime of selling goods with counterfeit registered trademarks.

According to Article 214 of the Criminal Law, if a person sells goods that he knows to be counterfeit registered trademarks, and the amount of sales is relatively large, he 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.

3. The crime of illegally manufacturing and selling illegally manufactured registered trademark logos.

According to article 215 of the Criminal Law, whoever forges or manufactures another person's registered trademark logo without authorization, or sells a counterfeit or unauthorized registered trademark logo, and the circumstances are serious, shall be sentenced to up to three years imprisonment, 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.

4. The crime of counterfeiting patents.

According to article 216 of the Criminal Law, whoever counterfeits another person's patent, and the circumstances are serious, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

5. Copyright infringement.

According to article 217 of the Criminal Law, where the amount of unlawful gains is relatively large or there are other serious circumstances for the purpose of profit, 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.

6. The crime of selling infringing copies.

According to article 218 of the Criminal Law, for the purpose of profit, whoever sells copies that are clearly known to be infringing as provided for in article 217 of this Law, and the amount of unlawful gains is huge, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.

7. Infringement of trade secrets.

According to article 219 of the Criminal Law, anyone who infringes on trade secrets and causes major losses to the rights holder of trade secrets shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; and where especially serious consequences are caused, a sentence of between three and seven years imprisonment is to be given, and a fine shall be imposed as such.

Legal Analysis: Where there is any of the following copyright infringement situations 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; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given, and a concurrent punishment 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 for 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.

Legal basis: Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights Article 1 In any of the following circumstances, the use of a trademark identical to the registered trademark on the same kind of goods without the permission of the registered trademark owner shall be regarded as "serious circumstances" as provided for in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine for the crime of counterfeiting registered trademarks: (1) The amount of illegal business operations is 50,000 yuan or more, or the amount of unlawful gains is 30,000 yuan or more; (2) Counterfeiting two or more registered trademarks, with a non-branch business amount of 30,000 yuan or more, or an amount of unlawful gains of 20,000 yuan or more, and (3) other situations where the circumstances are serious.

In any of the following circumstances, it is a "particularly serious circumstance" as provided for in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine for the crime of counterfeiting registered trademarks: (1) the amount of illegal business operations is more than 250,000 yuan or the amount of unlawful gains is more than 150,000 yuan; (2) Counterfeiting two or more registered trademarks, illegally operating for more than 150,000 yuan or illegally gaining more than 100,000 yuan; (3) Other situations where the circumstances are especially serious.