CriminalLawontheProtectionofIntellectualPropertyRights6760

1、criminal law on the protection of intellectual property rights summary: with the socio-economic activities in the development and changes in the status and role of intellectual property become more and more important. criminal law protection of intellectual property rights has attracted extra attent

2、ion to countries and regions of the world. i believe that strengthening the criminal law of intellectual property rights protection is not only by the criminal law itself has features characteristic of severe criminal sanctions determined, but also contemporary social scientific and technological de

3、velopment and economic progress, an inevitable requirement, and on behalf of the international community to the development of a common trend. china's ipr crimes relating to criminal legislation of using penal provisions of the penal code and subsidiary legislation combined model, this model leg

4、islation in line with the inherent characteristics of criminal ipr infringement. this paper specifically for infringement of intellectual property rights and characteristics of the concept of crime was a specific analysis.      keywords: intellectual property legislative basis fo

5、r criminal legislation, the legal characteristics of the legislative model of      with the continuous development of china's social and economic changes, intellectual property rights in the socio-economic activities become increasingly more important position and role. at th

6、e same time, we should pay attention to an important social issues and phenomena, that is, intellectual property-related crimes are getting worse and increased. with the development of intellectual property crime, the status quo, how to strengthen the criminal law of intellectual property rights pro

7、tection, and through the improvement of criminal legislation to severely punish crimes against intellectual property has become in the future as well as criminal law theory and judicial practice in a hot topic. 1, intellectual property crime based on criminal legislation (a) the concept and scope of

8、 intellectual property rights      the term intellectual property rights stems from 18th century germany. so far, theory and practice as well as international conventions and other countries and regions of the world relevant legislation, in regard to the connotation and extension

9、 of intellectual property is still no uniform understanding of and specific provisions. overall, there is a narrow sense, and the generalized that distinction. narrowly defined intellectual property rights, refers to the citizens, legal persons or other social organizations created the intellectual

10、basis of the outcome of labor enjoyed exclusive rights, including industrial property rights and copyright. industrial property includes patents, trademarks, the right to prohibit unfair competition, etc.; copyright (copyright) will include the rights of authors and disseminators of the right. a bro

11、ad intellectual property refers to the citizens, legal persons or other social organization based on the law, all the achievements of their intellectual creation and the business credibility of the rights. according to "the establishment of the wipo convention," the provisions of article 2

12、 of the broad intellectual property rights include the following rights: (1) and the literary, artistic and scientific works related rights (royalties); (2) and performing artists, performances, sound recording and broadcasting rights (neighboring rights); (3) and the human creative activity in all

13、areas relating to the rights of the invention (patent inventions, utility models and non-patent invention rights); (4) and the scientific discoveries related to rights; (5) and industrial design-related rights; (6) and the trade-marks, service marks, trade names and other business marks related righ

14、ts; (7) and the suppression of unfair competition-related rights; (8) all the other from the industrial, scientific and literary arts activities in the field of intellectual creation arising from the right. according to china's "copyright law", "patent law" and other relevant

15、 intellectual property law, china's intellectual property rights also include copyright, neighboring rights, patents, found that the right to inventions and other scientific and technological achievements, trademarks and the prohibition of unfair the right to compete and so on. as the world econ

16、omic integration, development and the advent of the new technological revolution, the intellectual property system has undergone great changes. especially in recent years, in the jurisdiction of the world trade organization, intellectual property has become a trade in goods, trade in services, one o

17、f the three pillars of equal importance as an international economic order, the strategic high ground and become a national focus of intense competition. but the state through legal protection of intellectual property, its fundamental purpose is to promote scientific and technological progress and d

18、evelopment, to revitalize the national economy, and to protect the public interest of society. (b) the protection of intellectual property legis criminal law      national legal protection systems are generally civil, administrative, criminal protection system, and in the way the

19、se protections, criminal law, efforts to protect the greatest and the most deterrent. for the legal protection of intellectual property should include the protection of criminal law, on this issue, in a longer period of time theoretically controversial. i think that the criminal law of intellectual

20、property protection is absolutely necessary for the following reasons:      first of all, emphasizing the protection of intellectual property rights of the criminal law is itself a function of criminal law decisions.      analysis of world countries and region

21、s in the course of the emergence and development of intellectual property rights, a fact no doubt that intellectual property rights and the law on the protection of intellectual property rights is closely linked and inseparable. to use legal means to protect intellectual property rights should be co

22、mprehensive, the copyright law, patent law and other intellectual property issues specifically related to civil, administrative and other laws and regulations to develop and perfect of course important, but at the same time, improve the criminal law provisions not be overlooked. it should be noted,

23、the penal code arising from its beginning, with a strong social protection. any act as long as the violation of the criminal law to protect the national, social, or personal interests, the state shall be held accountable as to punishment and crime prevention. criminal law is already against the nati

24、onal, social or personal interest penalties for criminal acts to be punished in order to protect the national, social or personal interests, maintain social order, and reflects the function of criminal law to protect the original reason for existence. from the criminal legislation and criminal justi

25、ce point of view, to strengthen the phenomenon of criminal ipr infringement crime, regulation and judicial intervention becomes necessary. if not, can not form a more complete control system, it has emerged and there is not enough to stop getting worse, a violation of intellectual property rights vi

26、olations and prevent its further spread. thus, for those serious violations of the legitimate rights and interests of intellectual property rights and undermine the country's normal management of intellectual property by criminal means to protect the behavior solely by the function of criminal l

27、aw itself has determined.      second, emphasizing the protection of intellectual property rights of the criminal law is a characteristic of severe criminal sanctions by the decision.      using legal means to protect intellectual property rights related activ

28、ities, the state sanctions the way illegal and criminal acts in general, including administrative sanctions, civil sanctions and criminal sanctions. the way these legal sanctions, criminal law is the most severe sanction is also the most criminals as a deterrent sanctions. because the criminal law i

29、s the legal departments of other relief and guarantee for safeguarding national interests, social interests and the interests of the citizens of the final relief and safeguards. therefore, we believe that the field of criminal law is the regulation of intellectual property legal system in a part of

30、criminal sanction is the most severe legal sanctions against a kind of harsh criminal sanctions for its unique intellectual property involved in the field of legal regulation system, and play other legal sanction of the irreplaceable role.      once again, stressed that the crimi

31、nal law of intellectual property protection is contemporary social science and technology development and economic progress, an inevitable requirement. it is precisely because of intellectual property and technology development and economic progress is closely linked, if intellectual property violat

32、ions, it will definitely affect and hinder the social sciences and technological development and national economic progress. on the surface, despite the intellectual property belongs to a private rights, but for the so-called private rights violations may also lead to social harm, but also such soci

33、al harm may have reached a certain level of a crime, because no matter is a direct violation of personal interests of the public interest or direct violations of social behavior, have social harm, and may reach serious proportions. from this analysis, we can clearly see that in the behavior of the d

34、egree of social harm this point, intellectual property infringements and other violations of criminal law, acts not only can the same property, but also has a wide range of subjects infringement and infringement, as well as wide a geographical basis hidden forms of infringement and so on. acts of in

35、fringement of intellectual property that is equally likely to have serious social harm, therefore, strengthen the criminal law protection of intellectual property should have a considerable degree of urgency. only by strengthening the strong protection of intellectual property rights in order to mob

36、ilize people to create a positive, promote their further scientific research, enrich people's material and spiritual life. thus, the criminal code means to protect intellectual property rights, and promoting scientific and technological development and economic progress.   from this analysi

37、s, in contemporary society, emphasis on the legal protection of intellectual property rights is certainly very important, but in these legal protections, we should not ignore the criminal law related to protection, but should the criminal law of intellectual property protection as an important legal

38、 protection of one part to be treated. second, the legislative pattern of criminal ipr infringement crimes (a) infringes the intellectual property rights of crime pattern classification of criminal legislation looking at the world's countries and regions of legislation related to ipr infringemen

39、t crime patterns can be divided into five types: first, the criminal code stereotypes. this refers to the use of torture state crimes code related to infringement of intellectual property rights to be provided for, that counts of violations of intellectual property rights crimes and statutory senten

40、ce is to be expressly provided the provisions of the criminal code. second, the special criminal stereotypes. this refers to the special provisions of the criminal code in the form of specialized intellectual property rights infringement crimes counts and legal sentence. third, the subsidiary of cri

41、minal stereotypes. this refers to other non-criminal law provides for criminal ipr infringement, and statutory sentence counts, that is in the relevant laws and regulations concerning intellectual property rights, with the proviso that the charges against criminal ipr infringement and its legal sent

42、ence. fourth, the criminal code and a subsidiary of combined criminal law. this refers to the provisions of criminal ipr infringement in addition to specific provisions relating to intellectual property laws and regulations, but also by the corresponding provisions of the criminal code provisions. f

43、ifth, in particular the criminal law and criminal law sub-bound. this refers to the provisions of infringement of intellectual property rights crimes. apart from the specific provisions relating to intellectual property laws and regulations, but also by a number of single-line some of them criminal

44、law specifically provides for infringement of intellectual property rights crimes. on ipr infringement crimes relating to the above analysis of the legislative model, we can find a variety of legislative models all have certain characteristics, is difficult to say who is superior to the other. many

45、countries, legislation relating to intellectual property rights infringement crimes is not a static model, with the developments in the field of intellectual property, with the increase in types of intellectual property rights infringement crimes and people's heightened awareness of intellectual

46、 property protection, the infringement of intellectual property rights crimes legislation patterns are also changing. (b) the status quo of china's intellectual property crime legislation and mode of in china in 1979, "criminal law" in intellectual property crime is only provided for t

47、he crime of counterfeiting of trademarks (article 127) 1, and the scope of protection of trademark rights is also very narrow, limited to "industrial and commercial enterprises registered trademark counterfeiting of others." this is clearly in the protection of intellectual property as a w

48、hole is still very backward conditions of the product. with the progressive importance of intellectual property protection, as well as acts of infringement of intellectual property practice, the diversification of the objective need to further expand the scope of protection of intellectual property

49、rights of the criminal. china's 1997 "criminal law" chapter iii of the destruction of the socialist market economic order established a special section focused on the crime of infringement of intellectual property rights provisions of the crime, which undoubtedly changes the criminal l

50、egislation of intellectual property rights are more scattered, messy, non-system, incomplete state, and thus for knowledge property crime in all areas to make a more comprehensive and systematic provisions. in this regard, i think, our new "criminal law" these provisions of the protection

51、of intellectual property has been basically established the criminal legal system.      while china's criminal ipr infringement crimes has already made a systematic, comprehensive provision, but theoretically related to ipr infringement crimes on china's criminal legislat

52、ion that the model is still some controversy. in my opinion, china's relevant intellectual property rights infringement crimes has the effect of adoption of the penal code and subsidiary legislation with criminal law model. some people think that in theory, china's legislative model is typic

53、al of the criminal code, it is because of china's criminal law against criminal ipr infringement have been clearly defined, there is a statutory sentence counts, and other relevant laws and regulations relating to intellectual property although there are provisions in the however, general provis

54、ions are the legal responsibility of a chapter, there is no statutory sentence not even count. strictly speaking, only provides for the legal norms legal sentence counts and can be called a criminal norm. china's "criminal law" in the provisions relating to ipr infringement crimes are

55、also statutory sentence counts, which undoubtedly belongs to the strict sense of the criminal law norms. however, including patent law, trademark law and other relevant criminal law provisions of intellectual property rights in the subsidiary, often only in the provisions of the penalties for infrin

56、gement of intellectual property rights in general, the collateral generally provides that "constitutes a crime, be held criminally responsible." statutory intellectual property rights infringement crimes committed not only criminal law, not patent law, trademark and other laws and regulati

57、ons corresponding otherwise longer be a statutory committed. china's ipr crimes legislation relating to the model, the biggest advantage of taking into account the unity of the criminal code and coordination, and this legislation appears to concise and focused. the combination of the two is a su

58、bsidiary of the penal code and the criminal code provision and the legislative model. third, the concept of intellectual property rights infringement crimes and composition characteristics of      is generally believed that the crime of infringement of intellectual property infri

59、ngement of intellectual property rights is to undermine the socialist market economic order, the circumstances are serious, in accordance with the provisions of the penal code shall be subject to penalty punishment. constitute the crime of infringement of intellectual property has the following char

60、acteristics:     reposted elsewhere in the paper for free download http:/ (a) the object of the crime of assault is a complex object, including the rights holders of intellectual property and intellectual property management first of all, this type of criminal violation of the rights

61、holders of intellectual property. intellectual property as intangible personal property owned by, is a kind of civil rights, but it also has features different from other civil rights. of intellectual property rights of this "invisible" feature, determine the rights holders can not be in its poss