What are the key points of judicial interpretation of criminal cases of intellectual property infringement?

The key points of judicial interpretation of criminal cases of intellectual property infringement include the following aspects:

1. Conviction Sentencing standards

The judicial interpretation clarifies the standards for conviction and sentencing in criminal cases of intellectual property infringement. Among them, criminal acts that infringe intellectual property rights such as copyrights, trademark rights, and patent rights may be sentenced to fixed-term imprisonment, fines, and other penalties based on the nature, circumstances, and degree of social harm of the infringement.

2. Rules of Evidence

The judicial interpretation stipulates the rules of evidence in criminal cases of intellectual property infringement. Including regulations on the collection, preservation and identification of electronic data, it clarifies the important status and role of electronic data in criminal cases of intellectual property infringement.

3. Civil litigation incidental to criminal cases

The judicial interpretation clarifies the civil litigation system incidental to criminal cases of criminal infringement of intellectual property rights. The victim may file an incidental civil lawsuit during the criminal proceedings and require the infringer to bear civil liability for compensation.

4. Cross-border law enforcement cooperation

The judicial interpretation stipulates the cross-border law enforcement cooperation mechanism for criminal cases of intellectual property infringement. For infringements involving overseas countries, Chinese judicial authorities can cooperate with foreign judicial authorities to jointly combat transnational intellectual property infringement crimes.

To summarize: the key points of judicial interpretation of criminal cases of intellectual property infringement include conviction and sentencing standards, evidence rules, criminal litigation and cross-border law enforcement cooperation. These regulations help strengthen the protection of intellectual property rights and maintain market order and a fair competitive environment.

Legal basis:

Article 216 of the "Criminal Law of the People's Republic of China" stipulates: Infringement of copyright, patent rights, trademark rights and other intellectual property rights is serious. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and criminal detention, and in addition or solely to a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also to a fine.

Article 74 of the "Criminal Procedure Law of the People's Republic of China" stipulates: If the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil lawsuit during the criminal proceedings. litigation.

Article 25 of the "Electronic Signature Law of the People's Republic of China" stipulates: Electronic data used as evidence must comply with the provisions of laws and administrative regulations and be verified to be true.