Research On The Coincidence Of Ipr Infringement

In the crime of infringement of intellectual property rights stipulated in China's criminal law,some behaviors may compete with other crimes.Both academics and judicial practice hold different opinions on the issue of co-opetition in IPR infringement.Because the application of different co-opetition views will have an impact on the conviction and sentencing of the case,it is necessary to clarify the issue of co-opetition in the crime of infringement of intellectual property rights.This article is based on the issue of the theft of theft-type infringement of commercial secrets and theft,the competition between the crime of selling pirated sales infringement copies and the crime of illegal business,the crime of producing counterfeit products and counterfeiting registered trademarks,and the crime of producing and selling counterfeit products.The problem is the research object.Because the establishment of co-opetition should be based on the application of a criminal component,there is a residual condition as the premise,and the establishment of each co-opetition form should also have certain conditions.Therefore,the preconditions for competing and the conditions for each co-opetition should be Realize,presume whether it can be established and should be established.Through summarizing and summarizing the controversial points in the above-mentioned co-opetition of IPR infringement crimes,the paper analyzes the rationality and inappropriateness of its arguments,and proposes the solution path of the problem on this basis.On the issue of the theft of theft-type infringement of commercial secrets and theft,since the trade secret cannot be the subject of theft and there is no possibility of theft,the theft-type infringement of trade secrets can only be evaluated as a crime of infringement of trade secrets.In the face of the problem of the sale of pirated sales infringing copies and the crime of illegal business,there is no legal market for pirated infringing copies,and the sale of pirated infringing copies cannot be evaluated as illegal business.The sale of pirated infringing copies is recognized as a crime of selling infringing copies;the competition for the crime of producing counterfeit products with counterfeit registered trademarks and the crime of producing and selling counterfeit and inferior products shall be based on the judgment criteria of the number of natural acts and the number of legalinfringements.The behavior of counterfeit product-type counterfeit registered trademarks is divided into two acts of producing and selling counterfeit products and counterfeiting registered trademarks,and the two acts have implicated relationship between means and purpose.Therefore,the production of counterfeit products and counterfeit registered trademarks should be evaluated as the offence of producing and selling fake and inferior products and the crime of counterfeiting registered trademarks.