What constitutes intellectual property rights infringement offences?
According to the Criminal Law, intellectual property rights infringement offences include: (1) Trademark infringement: this refers to acts such as using a counterfeit registered trademark on identical goods, knowingly selling goods bearing a counterfeit registered trademark, and producing counterfeit trademark labels, the circumstances of which are serious or very serious or which involve relatively large or enormous sales amount (please refer to Chapter 4-19 for definitions). It should be noted that an infringement act would only constitute an offence if the criminal threshold is met. Also, a trademark will only be regarded as a counterfeit trademark if it is identical to a registered trademark or there is basically no visual difference between the marks. In addition, the use of a trademark that is similar to the registered trademark of another party will not constitute an offence although such act constitutes trademark infringement. (2) Patent counterfeiting: this is different from a
