2. Reproduction and distribution of other people's written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; Publishing books with exclusive publishing rights enjoyed by others; Reproduction and distribution of audio and video products made by the producer without the permission of the producer; Making or selling works of art with forged signatures.
3. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means; Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph; To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
4. Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets shall be regarded as infringing on business secrets.
Coping methods:
It is necessary to rely on information platforms such as unit credit files to strengthen the supervision of legal acts of units, avoid one-man companies that meet the constitutive requirements of unit crimes from evading punishment, curb the growth momentum of underground factories, and prevent the use of personal injury of staff as an excuse to cover up the essence of unit crimes.
Practical departments generally reflect that the actual selling price of infringing products in the crime of counterfeiting registered trademarks and the crime of selling goods with counterfeit registered trademarks is difficult to define, so it is difficult to identify "illegal business amount". If it is impossible to find out, we suggest that the undertaker inform the suspect of the "impossible to find out" situation and listen to his opinions on the actual sales price. If no substantive opinions are put forward, it shall be calculated according to Article 12 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (hereinafter referred to as the Interpretation) with the "intermediate market price of goods with counterfeit registered trademarks" (Article 12 refers to the "illegal business amount" as mentioned in this Interpretation. The value of the infringing products that have been sold shall be calculated according to the actual selling price. The value of infringing products manufactured, stored, transported and unsold shall be calculated according to the marked price or actual average selling price of the infringing products that have been identified. If the infringing product is not marked or its actual sales price cannot be ascertained, it shall be calculated according to the intermediate market price of the infringed product).
Can determine the indirect tort liability of publishing houses, producers, websites and other media. They may not make direct profits, but according to the first paragraph of Article 11 of the Interpretation, they can be determined to make indirect profits by increasing their popularity, circulation or click rate, and on this basis, whether they have indirect intentions can be investigated. If the perpetrator cannot be investigated for criminal responsibility, the media shall be investigated for responsibility and the interests of the obligee shall be compensated.
Such as the identification of "the same trademark" in the crime of counterfeiting registered trademarks. The difficulty lies in the difference between "the same" and "similar" or "similar". Among the crimes of copyright infringement, there are many cases of copyright infringement on the Internet. Sampling survey shows that there are 1 1 cases of online copyright infringement, accounting for 78.57% of all 14 cases. How to understand "reproduction" and "distribution" in such cases is the most controversial. Understanding of "secrecy measures" in the crime of infringing on trade secrets. In the crime of infringing trade secrets, there is no relevant legal provision on the extent to which reasonable confidentiality measures can be considered. Due to different understandings, similar cases have different judgments. Therefore, we believe that it should be regulated by perfecting legislation to enhance the internal coordination between the same law and different laws.