Study On The Crime Of Selling Infringing Copies Disputes And Other Problems

The crime of selling infringing copies is a specific crime of infringement of intellectual property. It has gone through the process that starting from scratch, from the beginning of obscurely definition to the constantly improvement by judicial interpretation. From the legislation stage to the Judicial stage, it has gone through the constant change that from the stage of difficulty to link up to the stage of constantly flexible using. This process is also a microcosm of building the system of intellectual property criminal protection. While legislators have been widely recognized in China the serious social harm of intellectual property crimes and the importance of intellectual property protection in criminal law, efforts have been made by various ways and forms, and constantly follow up or amend legislation in order to strengthen the criminal law of intellectual property protection. But the current system of protection still has some shortcomings, and difficult to effectively curb the rampant infringement of intellectual property crime. The crime of selling infringing copies is a specific crime of infringement of intellectual property. It is a new type crime in our criminal legislation and criminal judicial practice which is worthy to be explored. In this paper we will begin with the sales of infringing copies of the crime, and discuss the theory of this crime and the dispute and doubt of the judicial practice. Then we will discuss the problems of the criminal law of infringement of intellectual property protection from the point to an area. Final, we will give some legislative and judicative proposals to improve the protection of the criminal law of infringement of intellectual property.This paper is divided into six parts, as follows:The first part introduces our country's legislative history of the sales of infringing copies of crime (behavior). By introducing the legislative history, we want to explain the trends in legislation of the crime of selling infringing copies and show the legislators' negative attitude to the infringement act.The second part analyzes the content of the crime of selling infringing copies and clarifies the nature of the crime of selling infringing copies. In this part, it will explain the meaning of the sales, including discussing and distinguishing the rental behavior and'donation'behavior. This paper argues that this crime is not included in the rental sales practices act, but contains the sales process in the'donation'behavior.The third part discusses the controversy of the crime of selling infringing copies in theory, including unfinished form, amount recognized and other issues. On that basis it expresses the views and attitudes of the author. This paper argues that, first, the existence of this crime is a crime in theory is unfinished form; Second, the amount of standard is an important factor in the crime identified, I believe that the amount should be counted in the attempted amount of crime.The fourth part solves the confusion of recognizing the crimes in judicial practice by distinguishing the crime of selling infringing copies and other crimes. This paper argues that the situation is difficult to identify the crime and related charges there in the form similar behavior caused Moreover, the occurrence of crime and related offenses easily imagine competing or Lapping of Legal Provisions, also increases the difficulty identified.The fifth part discusses the legislative defects of the crime of selling infringing copies in many aspects, such as subjective purpose, legislation model and punishment settings. This paper argues that, first, the purpose of cancellation conditions for commercial purposes; Second, change the current legislation in the Penal Code-based model, emphasis on the positive role of the subsidiary Criminal Law, Criminal Law in the subsidiary on the basis of sound, so that fully integrate the two; the three, In Punishment, the emphasis of this crimes the Punishment significance. Fourth, intellectual property rights of criminal legislation should have a certain forward-looking.The last is a summary of the full paper, and points out that the criminal law of intellectual property protection is very important.