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随着经济全球化进程的加快,我国对知识产权刑事司法保护的力度逐步加大,所办理的侵犯知识产权类案件也在逐渐增多。但是,对于社会生活中屡见不鲜的贩卖盗版光盘行为,司法实践有的按非法经营罪处理,有的以销售侵权复制品罪处理,也有的以侵犯著作权罪处理。那么,是什么因素导致了案件定性处理存在差异?应如何准确适用法律、正确定性贩卖盗版光盘行为?敬请关注本期疑案精解。
With the acceleration of economic globalization, China has gradually increased the protection of criminal justice over intellectual property rights, and the number of IPR infringement cases handled by it has also gradually increased. However, for the common practices of selling pirated optical discs in social life, some of the judicial practices are handled according to the crime of illegal business operation, some of them are sold as sales of infringing copies, others are handled as crimes of copyright infringement. So, what factors led to the qualitative treatment of the case there is a difference? How to accurately apply the law, the correct qualitative trafficking of pirated optical discs? Please pay attention to the current mystery.