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Supreme Law: The Standard Of Sentencing For Acts Of Infringement On Internet Dissemination Has Been Clearly Defined.

2011/1/12 11:18:00 59

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Supreme Law Network Dissemination Of Infringing Works

The press office of the State Council held a press conference at 10 a.m. on the 11 day. Xiong Xuanguo, vice president of the Supreme People's court, Sun Qian, deputy Procurator General of the Supreme People's Procuratorate, and the responsible person of the Ministry of public security, introduced the press conference.

Supreme People's court

"The Supreme People's Procuratorate and the Ministry of public security issues relevant opinions on Several Issues concerning the application of laws in criminal cases involving intellectual property rights" and answered the reporters' questions.

At the press conference, Xiong Xuanguo, vice president of the Supreme People's court, said that the Internet changed people's lives.

Infringement of intellectual property rights

With the advent of the Internet age, the crime of infringing intellectual property rights is constantly being renovated, and is no longer confined to the past visible carriers to carry out criminal acts.

From the perspective of judicial practice, there are increasing cases of infringement of intellectual property rights through information networks.

In order to effectively crack down on the infringement of intellectual property crimes committed by the use of information networks, the eleventh paragraph and third paragraphs of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on the specific application of laws in criminal cases against intellectual property rights in 2004 clearly stipulate that "the act of disseminating others' works through the information network to the public should be regarded as a copy issued under the 217th provision of the criminal law", and it is clear that such acts belong to one of the ways of violating copyright crimes.

However, in the judicial practice, although the former explanation clarified the qualitative problem of such behavior, because of the characteristics of the Internet, such as fast propagation speed, wide dissemination scope, large storage capacity, and the co existence of the infringement works and the non infringement works, some local public security organs, people's Procuratorates and people's courts have different opinions and opinions on how to grasp or identify the crime of violating intellectual property rights through the information network.

A key point in this opinion is to solve it.

information network

The standard of conviction and sentencing for violation of intellectual property crime has been made clear and operable. That is to say, the opinion has further clarified the standard of conviction and sentencing for disseminating infringing works through the information network from the aspects of illegal business amount, the number of works disseminating others, the number of works being clicked, and the number of registered members.

In order to effectively protect intellectual property rights, we should provide specific and clear legal basis for combating intellectual property crimes committed through the implementation of information networks.