The concubine is always domineering: the code name of this palace is the lore

Chapter 283 Piracy Illegal! ! ! !
[Introduction] The Supreme Law and other three departments issued opinions to stipulate that for the purpose of profit, dissemination of other people's works through the Internet without permission, and the actual number of hits reaches more than [-] times, it is a violation of copyright, and can be punished under three years according to the criminal law Fixed-term imprisonment or criminal detention, concurrently or solely with a fine.

The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security recently issued the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Intellectual Property Infringement", which further clarifies the jurisdiction of criminal cases of intellectual property infringement, the effectiveness of collecting and obtaining evidence, and how to determine infringement. "For the purpose of profit" and other issues in copyright crimes.

Clarify standards for conviction and sentencing of cyber infringement
One of the key points of the opinions released this time is to make clear and operable provisions on the conviction and sentencing standards for Internet intellectual property infringement crimes, from the amount of illegal business, the number of disseminated works of others, the number of clicks on works, registration The number of members and other aspects are further clarified.Provide a specific and clear legal basis for effectively protecting intellectual property rights and combating crimes of intellectual property infringement committed through information networks.

The Opinion stipulates that, for the purpose of making profits, without the permission of the copyright owner, disseminating other people's written works, music, movies, TV, fine arts, photography, video works, audio and video products, computer software and other works to the public through the information network, under the following circumstances: One of the "other serious circumstances" stipulated in Article 210 of the Criminal Law: the amount of illegal business operations is more than 5 yuan; the total number of disseminated works of others is more than 1000 pieces (parts); The number reaches more than [-] times; dissemination of other people's works by means of membership, with more than [-] registered members; although the amount or quantity does not meet the standards stipulated in the preceding paragraph, but each of them meets more than half of the two or more standards.

According to Article 210 of the Criminal Law, whoever infringes copyright for the purpose of making profits and has "other serious circumstances" shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or solely.

Determining profit is more specific

With regard to the determination of "for the purpose of profit" in copyright infringement crimes, the "Opinions" has made more specific provisions based on the characteristics of some cases of copyright infringement crimes committed through information networks, which are clearer than the previous general provisions ,specific.

The Opinion stipulates that, with regard to copyright infringement criminal cases, in addition to sales, any of the following circumstances can be determined as "for the purpose of profit": directly or indirectly collecting fees by publishing paid advertisements in other people's works, bundling third-party works, etc. Dissemination of other people's works through information networks, or using infringing works uploaded by others to provide paid advertising services on websites or webpages, directly or indirectly collecting fees; or other expenses.

According to reports, another new highlight of the opinion is the regulation of attempted trademark crimes.If a certain number of unsold goods counterfeiting others’ registered trademarks are seized, they shall be convicted and sentenced according to law.The opinion made specific provisions on the conviction and sentencing standards of such "not yet sold" or "partially sold", and stipulated that it should be dealt with according to law as an attempted crime.

Cross-regional crimes can be dealt with together
Regarding the jurisdiction of intellectual property infringement crimes, according to the Opinions, intellectual property infringement crimes shall be investigated by the public security organ at the place where the crime occurred.When necessary, the public security organ in the place where the criminal suspect lives may file a case for investigation.The criminal place of the intellectual property infringement crime case, including the place where the infringing product is manufactured, stored, transported, and sold; The place where the uploader of the work is located, and the place where the result of the crime where the right holder is actually violated occurs.

If there are multiple crimes of intellectual property infringement, the public security organ that initially accepted the case or the public security organ where the main crime occurred has jurisdiction.Where there are disputes over the jurisdiction of the public security organs in multiple intellectual property infringement crime places, the common superior public security organ shall designate the jurisdiction. If it is necessary to submit an application for approval of arrest, transfer for examination and prosecution, or public prosecution, the People's Procuratorate at the same level where the public security organ is located, the People's Procuratorate, and the People's Procuratorate shall Court accepted.

For criminal acts of intellectual property infringement involving the manufacture, storage, transportation, and sale of the same batch of infringing products carried out across regions by different criminal suspects and criminal gangs, if the requirements for combined cases are met, the relevant public security organs may file a case for investigation. Approval of arrest, transfer for review for prosecution, or public prosecution shall be accepted by the people's procuratorate or people's court at the same level where the public security organ is located.

Source: Xinhuanet
That is to say, time travel novels, I update a chapter, you steal a chapter, and recommend it on the homepage, you are dead!

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