What are the legal responsibilities for infringing intellectual property rights?

1. What are the legal responsibilities for infringing intellectual property rights?

Enterprises have the right to investigate the infringer's civil liability according to Chinese laws on the premise of establishing a trade secret protection system and meeting the conditions of trade secrets.

The ways to bear civil liability mainly include: stopping infringement, removing obstruction, eliminating danger, returning property, restoring the original state, compensating losses, paying liquidated damages, eliminating influence, restoring reputation, apologizing, etc.

The above ways of bearing civil liability can be applied separately or in combination.

The composition of civil liability must meet the following four conditions:

First, the infringer is subjectively at fault, which is manifested in the intentional infringement of the business secrets of the obligee.

Second, the infringer has committed the act of infringing the business secrets of the obligee;

Third, there is a causal relationship between tort and damage facts;

Fourth, the infringer has caused damage to the right to trade secrets.

Second, criminal responsibility.

If the holder of trade secrets thinks that his trade secrets have been infringed and caused great losses, he shall apply to the public security organ to demand that the criminal responsibility of the infringer be investigated.

If, after investigation, the public security organ considers that the infringer has caused great losses to the right holder of trade secrets and has been investigated for criminal responsibility, the people's procuratorate shall initiate a public prosecution according to law.

The people's court shall, in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights, investigate the criminal responsibility of the infringer:

If one of the acts specified in Article 219 of the Criminal Law causes losses of more than 500,000 yuan to the obligee of trade secrets, it shall be deemed as "causing heavy losses to the obligee", and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringing trade secrets, and shall also, or shall only, be fined.

Those who have caused losses of more than 2.5 million yuan to the obligee of trade secrets belong to "especially serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined for the crime of infringing trade secrets.

Where a unit commits the acts specified in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced in accordance with three times the conviction and sentencing standards of the corresponding individual crimes specified in this Interpretation.

Providing others with loans, funds, account numbers, invoices, certificates and licenses, or providing others with facilities and assistance such as production and business premises, transportation, warehousing and import and export agents. , should be punished as the * * * perpetrator of the crime of infringement of intellectual property rights.

China's laws and regulations will also comprehensively regulate citizens' behavior. If criminals infringe on the intellectual property rights of others, they will also damage the legitimate rights and interests of other citizens and have a bad impact on social security. Therefore, the judicial organs will also impose corresponding penalties on criminal suspects, generally including civil and criminal penalties.