Study On The Crime Of Selling Infringing Copies And The Related Problems

The Sales of Infringing Copies Crime is a very common in our intellectual crime. The protection of legal interests is complicate, including the copyright owner of copyright and the national intellectual property management under the market economic order, since the charges set by multiple constantly perfecting judicial interpretations. The scope of this crime is particular,which is the 217 of the criminal law of four types of replica. At the same time, we should be noted in the judicial practice, according to the source of the infringing reproductions and different constitutes to the evaluation of the act. In addition, rental behavior is not the legal behavior of the crime. That is limited to sales. The “copy” of the distribution and sales of this crime may be at the same understanding. The result of this crime is “huge” illegal income, and what is the illegal income? It should be the person eventually profit amount. However, “huge”illegal income as a result of this crime constitutive requirements exist obvious flaws. If we add the larger sales number of infringing copies instead of large amount of illegal income, it will be more reasonable. Finally, the actor’s subjective factor in this crime is including “knowledge” and“for-profit”. In this crime the meaning of “know” should be understood as “knowledge must be infringing copies” and “knowing that may be infringing copies”. Four classes and perpetrators of this crime infringing copies of cognition is also the content of “knowledge”. The other subjective element is “for-profit”. It is set to actor’s subjective purpose should be deleted. It’s difficult to accurate in the judicial practice in the specific definition of criminal protection of intellectual property rights and against the legislation guiding ideology.