Criminal Legal Liability for Intellectual Property Infringement

Criminal Liability for Intellectual Property Infringement

In modern society, with the rapid development of technology and the acceleration of economic globalization, the importance of intellectual property has become increasingly prominent. It is not only an essential component of a company's core competitiveness but also a key support for the national innovation-driven development strategy. However, driven by interests, acts of intellectual property infringement occur frequently, severely infringing on the legitimate rights and interests of right holders, disrupting market order, and undermining social fairness and justice. Strengthening the crackdown on intellectual property infringement and holding individuals criminally liable have become necessary means to uphold the rule of law and promote innovation.

Intellectual property covers multiple areas such as patent rights, trademark rights, and copyright, essentially protecting ownership of intellectual achievements. When this ownership is illegally infringed upon, it not only leads to financial losses for the rights holder but may also hinder technological innovation and cultural dissemination. For instance, at the beginning of 2025, a well-known home appliance brand discovered a large number of counterfeit products in the market. These substandard products were of poor quality and posed safety risks, causing significant distress to consumers. After investigation, it was found that the series of infringement activities involved multiple links, including production, sales, and logistics distribution, forming a complete criminal chain. Eventually, the police intervened and successfully dismantled the counterfeiting and selling den, arresting several suspects and continuing to process the case. This case clearly demonstrates the harmfulness of intellectual property infringement and its impact on public interest.

From a legal perspective, Articles 213 to 219 of China’s Criminal Law specify the circumstances and sentencing standards for intellectual property infringement crimes. For example, counterfeiting registered trademarks and stealing trade secrets are common types. For criminals with particularly serious circumstances, in addition to fines, they can be sentenced to imprisonment or even life sentences. The Civil Code also clearly stipulates ways to assume liability for infringement, such as ceasing infringement and compensating losses, providing more comprehensive relief pathways for rights holders. Notably, judicial authorities have continuously strengthened the trial of intellectual property criminal cases, using the exemplary effect of typical cases to achieve good deterrent effects.

However, challenges still exist in actual practice. On one hand, due to the intangible and complex nature of intellectual property, evidence collection is difficult; on the other hand, some infringement behaviors exhibit cross-border characteristics, increasing the difficulty of international cooperation and coordination. In response to these issues, relevant departments have actively taken measures. For instance, the Supreme People's Court issued opinions on strengthening intellectual property trials in the new era, emphasizing the need to improve evidence rules and reduce the cost of rights holders' maintenance; meanwhile, it also promoted the establishment of an intellectual property protection cooperation mechanism among countries and regions along the Belt and Road, jointly combating cross-border infringement activities.

To better leverage the role of intellectual property criminal judicial protection, all sectors of society should make joint efforts. First, rights holders should enhance their awareness of self-protection, timely apply for patents and trademark registration, and properly keep related documents so as to provide strong evidence when disputes arise; second, law enforcement agencies should strengthen professional training to improve the professional qualities and technical capabilities of law enforcement personnel to ensure fair handling of every case; third, media should increase publicity efforts regarding intellectual property laws and regulations, creating a good atmosphere of respecting knowledge and encouraging innovation; finally, educational institutions should incorporate intellectual property education into their curricula, cultivating young people's copyright concepts and legal awareness from an early age.

In conclusion, the criminal liability for intellectual property infringement is a systematic project requiring collaboration among government, enterprises, and the public. Only through such cooperation can a comprehensive and multi-level intellectual property protection network be built to safeguard the sustained and healthy development of the economy and society. As a certain legal expert once said Intellectual property is one of the important symbols of a country's soft power. Only by severely cracking down on infringement behavior can we truly stimulate the creative vitality of society. Let us work together to strive for the goal of becoming an intellectual property powerhouse!