, the Supreme People’s court and the Supreme People’s Procuratorate, Ministry of Public Security issued before the day "on the handling of criminal cases of infringement of the law applicable to a number of intellectual property rights", the applicable law in criminal cases of infringement of intellectual property rights are clear. State Council Information Office held a press conference on January 11th, the introduction of the relevant circumstances.
the "opinions" a total of sixteen, in recent years, the public security organs, people’s procuratorates and people’s courts in handling criminal cases of infringing intellectual property in the new situation and new problems, to further clarify the jurisdiction of criminal cases of infringement of intellectual property rights, collecting and obtaining evidence of the effectiveness, how to identify the crime of copyright infringement "for profit for the purpose of" 7 problems.
clear network infringement conviction and sentencing standards
, the Supreme People’s court vice president Xiong Xuanguo introduced, one of the key of the announcement of the "opinions", is the standard of conviction and sentencing of network infringement of intellectual property crime has made operational rules clear, and spread the works of others from the amount of illegal business, the number of works, hits, the number of registered members and further clear. In order to effectively protect intellectual property rights, to combat the crime of infringement of intellectual property rights through the implementation of information networks to provide specific and clear legal basis.
the "opinions" provisions, for commercial purposes, without the permission of the copyright owner, spread the words of others through the information network to the public works, music, film and television, art, photography, video, audio and video products, computer software and other works, one of the following circumstances, belong to article 217th of the criminal law "other serious circumstances": the amount of illegal business in more than fifty thousand yuan; the number of spread the work of others in total five hundred pieces (Ministry) above; the actual spread the work of others is the number of clicks to reach more than fifty thousand times; by way of membership to spread the work of others, registered members reached more than one thousand people; the amount or quantity is not to the provisions of the preceding paragraph, but reached two more than half of the standard.
according to article 217th of the criminal law, for the purpose of profit of copyright infringement, which belongs to the "serious circumstances", three years of fixed-term imprisonment or criminal detention, or impose a fine gold.
profit seeking to identify more specific
Xiong Xuanguo, on Cognizance of crime of copyright infringement "for profit purposes", the "opinions" according to the crime of copyright infringement cases, some characteristics of crime through the information network, made more specific provisions in the general provisions of the previous, more clear and specific.
the "opinions" provisions of copyright infringement crime cases, in addition to sales, with one of the following circumstances, can be identified as "profit" in the works of others published advertisements, bundled third party charges works way of charging directly or indirectly; through the information network to spread the work of others, or use others upload infringing works, provide paid advertisements on websites or services published on the web, directly or indirectly charged >