Study On Criminal Protection Of Intellectual Property In The Background Of Internationalization

21st century is the era of knowledge economy, intellectual property (for short IP) protection as the main content and an important means of today’s technology and economic competition, it has been attaching much importance to us. For rampant violations of IP rights, which has established the legal system around the world, the civil remedies for victims of IP, administrative and criminal remedies and other relief angle, multi-level legal protection. In this protection system, the criminal law has its own independent status, which guarantees to severe sanctions backed by the law of its advantages in the fight against IP crime played an irreplaceable role. Criminal protection of IP issues, the international characteristics and trends are evident, in fact the development of the process of criminal law protection of IP, and it is continuing in the process of internationalization of the criminal protection of IP. Although achieved certain results, but as a developing country is relatively backward in economic and technological level, we should build to adapt to today’s complex international environment, IP protection system criminal law, many fields need to be perfected, which is to study the contents in this article.This article is divided into five chapters, through the introduction into the context of international criminal law protection of IP issues. In the first chapter, IP protection of international criminal law theories is explained. Combines the characteristics of IP protection of criminal law specially and analyzes its content, reasons, highlights the strong trend of internationalization in the context of internationalization and localization should focus on the dialectical unity. Then from the historical development of international and domestic IP protection of international criminal law and characteristics, status and trends through an accurate understand to point out meeting the requirements of international criminal law protection of IP rights need to be improved in China.ChapterⅡcombines the characteristics of IP rights, which discusses the international criminal law in the process of IP rights, we should follow the principle of balance of interests, in time principle and the principle of modesty. The balance of interests is always the main theme of the development of IP legal system, IP rights of contemporary IP legislation and international conventions but also reflects the theme of balance of interests, so pay attention to the use of criminal law protection of IP, the first principle must be followed is balance of interests principle. Criminal Protection of IP rights should focus on the interests of reaching interests balance between obligee and the public, also between the developing countries and developed countries. Rapid changes in the fields of IP, criminal protection should be followed up in time for the new trend of violations, and it is very important principle to implement timely. Furthermore cause of the special nature of the penalty, criminal involved in the economic field need to carry out the spirit of modesty, and IP-related areas of economic behavior is the behavior of the economy, so more and more attention in the national criminal law protection of IP rights, under the arm of the law increasingly tight, drawing on our transplant experience of criminal law protection of foreign IP rights for its economic nature of the crime, uphold the principle of positive significance Modesty.Chapter III addresses the protection of international IP of the criminal law reform legislation. A reasonable mode constructing of legislative is essential of protection of IP criminal law. Because the science of criminal law model can correctly reflect the legislative nature of crime to facilitate the application of criminal law. Therefore, this paper analyzed our current criminal protection of IP on a single centralized adoption of the Criminal Code of the shortcomings of legislative model to explore the use of combined legislative model is reasonable on the basis of the legislative protection of foreign IP criminal law model.Chapter iv describes the existing criminal legislation on the basis of inadequate protection of IP rights perfecting legislation on criminal law detailed argument. Firstly, it should be noted that the limited field of IP involved in criminal law, rational delineation of crime ring. Thinking in the maintenance of national interests under the guidance of the Criminal Code should be an additional crime of trademark counterfeiting and reverse the economic espionage. Secondly, from the criminal behavior of the enrichment, the expansion of the object crime, crime subjective element of the reform and improving the standard of conviction, from four aspects to discuss how to revise and improve designing of IP crime counts. Finally, sets forth four areas of reform recommendation, including kinds of configurations from the punishment, punishment fits the crime, responsibility and balance of crime unit personnel to the penalty set. Last hope to learn from the experience of advanced legislation of IP protection combined with the demand of improving the reality of its rights of criminal law, criminal protection of its mechanism into full exerting.Chapter v discusses the development direction of Criminal Law of IP protection in the process of improving the protection of international criminal justice according to criminal legislation for protection of IP protection and criminal justice linked closely, mainly addresses the improvement of judicial interpretation, prosecution and trial mode model of judicial protection of the sound and the strengthening of mutual legal assistance in criminal issues, in order to help the effectiveness of IP protection and improve criminal justice.