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The New Regulations On Intellectual Property Rights Define The Standard Of Sentencing For Internet Infringement

2011/1/12 9:09:00 81

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Through information

network

The act of spreading infringing works has finally been convicted and punished.

The Information Office of the State Council held a press conference yesterday (January 11th) to introduce the handling of infringement.

intellectual property right

Relevant opinions on Several Issues concerning the application of law in criminal cases (hereinafter referred to as "opinions").

Xiong Xuanguo, vice president of the Supreme People's court, said one of the key points of the opinion is to carry out the conviction and sentencing of infringement of intellectual property crimes through the information network.

standard

Clear and operable rules have been made.

Network infringement breaks the "blind spot"

China's information network infringement is mainly copyright infringement. This phenomenon is not uncommon in China's Internet, but there is always a "blind spot" in punishing the law.

In 1997, copyright infringement was formally incorporated into the category of criminal law in China.

In 2004, the Supreme People's court and the Supreme People's Procuratorate issued judicial interpretations, clearly stipulating that the act of disseminating others' works to the public through information networks should be regarded as a copy of the provisions of the 217th provision of criminal law, and it is clear that such acts belong to the way of infringing copyright crimes.

However, because the Internet has the characteristics of fast dissemination, wide dissemination scope, large capacity of content storage, and the co existence of infringing works and non infringing works, there are still different opinions and knowledge about the standards of conviction and sentencing for crimes of infringing intellectual property rights through information networks.

This opinion gives a detailed judicial explanation on these contents, and further clarifies the standard of conviction and sentencing for the dissemination of infringing works through the information network.

Defining "profit oriented"

Television, art, photography, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, video recording, the opinions stipulate that, for the purpose of profit, the works, music and films can be pmitted to the public through the information network without the permission of the copyright owner.

Wang Ziqiang, director of the copyright management division of the General Administration of press and publication, pointed out that in the infringement of copyright by network information, the most difficult thing to define is "profit seeking", because most infringing websites offer free downloads, while profits depend on advertisements.