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 Intellec

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 (II) Rule number one. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works for profit without the permission of the copyright owner, with a total of more than 500 copies, belongs to "other serious circumstances" as stipulated in Article 217 of the Criminal Law; If the number of copies is more than 2,500, it belongs to "other particularly serious circumstances" as stipulated in Article 217 of the Criminal Law. Article 2 "Copying and distributing" in the crime of copyright infringement in Article 217 of the Criminal Law includes copying and distributing or both.

If the right holder of the infringing product publicizes the infringing product through advertising, subscription, etc. , belonging to the "distribution" stipulated in Article 2 17 of the Criminal Law.

Illegal publication, reproduction and distribution of other people's works, which constitutes a crime, shall be convicted and punished according to the crime of copyright infringement. Article 3 If the crime of infringing intellectual property rights meets the conditions of probation stipulated in the Criminal Law, probation shall be applied according to law. In any of the following circumstances, probation is generally not applicable:

(1) Infringement of intellectual property rights again after criminal punishment or administrative punishment for infringement of intellectual property rights constitutes a crime;

(2) Not repenting;

(3) refusing to hand over the illegal income;

(4) Other circumstances in which probation is not applicable. Article 4 For the crime of infringing intellectual property rights, the people's court shall comprehensively consider the illegal income, illegal business amount, losses caused to the obligee, social harm and other circumstances of the crime, and impose a fine according to law. The amount of fines is generally more than one time and less than five times the illegal income, or more than 50% and less than one time the illegal business amount. Article 5 If the victim directly files a lawsuit in a people's court in a criminal case of intellectual property infringement proved by evidence, the people's court shall accept it according to law; Criminal cases of infringement of intellectual property rights that seriously endanger social order and national interests shall be prosecuted by the people's procuratorate according to law. Article 6 Where a unit commits the acts specified in Articles 2 13 to 2 19 of the Criminal Law, it shall be convicted and punished in accordance with 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 and the corresponding conviction and sentencing standards for individual crimes as stipulated in this Interpretation. Article 7 If the judicial interpretation previously issued is inconsistent with this interpretation, this interpretation shall prevail.