China's Perfection Of Trademark Crime Legislation On Contrasting Trips Agreement

The"Agreement on Trade-related Aspects of Intellectual Property Rights"(hereinafter referred to as the TRIPS agreement) laid down by the World Trade organization (WTO) is an important international convention in protection of intellectual property rights. Its extensive involving domains, high protection level and strong constraint promoted the development of the world intellectual property protection system.Trademark which can give the enterprises and individuals infinite goodwill and interests while leading to national advanced scientific and technological achievements, as a kind of intangible property right, is an important part of intellectual property rights. But the present situation of the trademark protection is that the torts are causing increasing social harmfulness by the cases on the increase and the sums getting larger and larger. However, our protection for trademark is mainly focus on the civil and administrative sanctions, and the protection from the criminal legislation is insufficient. After China's accession to the WTO, the modification of the trademark law, especially the need to constantly perfect the criminal legislation in this field is needed in order to satisfy WTO requirements and the provisions of TRIPS.This article will first summarize how TRIPS gives criminal protection to trademark. Then, by a comparative analysis of the main problems of our country's criminal regulations in trademark, the author puts forward some points of idea on how to perfect the criminal legislation in trademark protection.