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本案系上海市首起因侵犯国际标准文件著作权而被公诉的刑事案件,并被国家版权局列为“2014剑网”行动重点案件。该案中,法院认定ISO、IEC国际标准文件属于我国法律保护的作品,被告人王某通过网络销售盗版ISO、IEC国际标准文件的行为系《刑法》第二百一十七条所指的“复制发行”行为,并根据案件实际情况,基于刑事谦抑原则,只将从被告人处查获的部分侵权ISO、IEC国际标准文件计入被告人侵犯著作权犯罪的数量。
The case was the first case of criminal prosecution in Shanghai that was prosecuted for infringement of copyright of international standard documents and was listed as a key case of “2014 Jian Wang” by the State Copyright Bureau. In this case, the court found that ISO and IEC international standard documents belong to the works protected by law in our country. The acts of defendant Wang on selling pirated ISO and IEC international standards documents through the Internet are referred to in Article 277 of the Criminal Law. According to the actual situation of the case, based on the principle of criminal humiliation, only part of the infringing ISO and IEC international standard documents seized from the defendant were included in the number of crimes committed by the defendants in violation of the copyright.