Identification and Analysis of the Relationship between the Crime of Copyright Infringement and That of Selling Infringed Reproductions——Comment on Judicial Interpretation of Supreme People's Court and Supreme People's Procuratorate on the "Reproduction
Chen Zhixin · Journal of Southwest Jiaotong University · 2011
The crime of copyright infringement under the provisions of the release behavior in Article 217 of the Criminal Law has the same meaning as that of sales behavior in the crime of selling infringed reproductions in Article 218 of the Crime Law,and the proper meaning of reproduction and distribution should be reproduction and/or distribution.In this regard,the Supreme People's Court's Interpretation of Several Issues on Application of the Law of Criminal Cases of Illegal Publications and the Interpretation of Several Issues on Application of the Law of Criminal IPR Infringement Cases(B) on the Reproduction and Distribution promulgated jointly by the Supreme People's Court and the Supreme People's Procuratorate incorrectly interpreted the word in Article 217 of the Criminal Law.Overlap of legal provisions does exist between the meaning of the crime of copyright infringement and that of the crime of selling infringed reproductions as the former one is included in the special laws and the latter one general laws.