On The Criminal Remedy For The Protection Of Intellectual Property

This thesis consists of the following five chapters with about 40,000 Chinese characters.Chapterâ… Introduction to crime against intellectual propertyThis chapter makes a general study on the concept of crime against intellectual property as well as its the actuality and characteristics in China. The author also makes comments on the actuality of the criminal remedy for the protection of intellectual property.Chapterâ…¡The establishment of the conception of the criminal remedy for the protection of intellectual property in ChinaThis chapter focuses on how to strengthen the right awareness of intellectual property protection and how to build up and develop globalization and equality awareness of the criminal protection of intellectual property. The right awareness of intellectual property is the ideological foundation of the criminal remedy in the field of intellectual property. Looking from the international scope and the world trend, the criminal adjustment of intellectual property is in line with not only the request of the economical globalization, but also development trend of the world penal legislation. Only after building up the equality and publicity awareness, can the intellectual property protection be implemented and the realized in the true sense.Chapterâ…¢The principles of the criminal remedy for the protection of intellectual property in ChinaThis chapter introduces three principles that are to be followed in the process of criminal remedy for the protection of intellectual property. As for the principle of necessity, first, from the current necessity of reality in China, the serious abuse of intellectual property is a behavior, which destroys the managing system of intellectual property control and endangers the society to a certain degree. Second, according to the characteristics of intellectual property crime, intellectual property is liable to suffer injury and bears frangibility instinctively. At the same time, the intellectual property crime has the feature of low cost; therefore it needs the protection of criminal law urgently. Third, the sternness of criminal law determines its regulation and remedy for the intellectual property crime.As for the principle of moderation, first, the scale control of penal with regard to the intellectual property crime sets the request of moderation. Second, the restraining principle of criminal determines the direction of moderation. Third,the negative effect caused by excessive criminal remedy in the field of intellectual property shows the importance of moderation. Finally, the trend of light punishment to the intellectual property crime in most of the countries and regions indicates the moderation direction.The principle of localization of the criminal remedy for the protection of intellectual property in China is introduced in the end. The author holds that the criminal remedy for the protection of intellectual property should base on the reality of the country instead of copying verbatim and completely the regulations of criminal law in other countries.Chapterâ…£The tropism of the criminal remedy for the protection of intellectual property in ChinaThis chapter is devoted to the discussion about several kinds of interest conflict in the criminal protection of intellectual property such as, the advancing and lagging problem of criminal legislation, the problem of strong protection and weak protection concerning strategic target of legislation, the problem of centralized pattern and dispersed pattern of legislation as well as the problem of public prosecution pattern and private persecution pattern in judicial practice. Combing these conflicts, the author conducts comparative research and proposes a prediction on how to solve these realistic problems in China.Chapterâ…¤The reviewing and perfecting of the criminal remedy for the protection of intellectual property in ChinaThis chapter makes a comparison between the realities of the criminal remedy for the protection of intellectual property both at home and abroad. It makes the conclusion of general deficiency from aspects of crime and punishment; measures and plans are proposed after analyzing the reality of the criminal remedy for the protection of intellectual property in China.