On The Phenomenon Of Weak Prosecution For Intellectual Property Crime

With rapid development of world economy and gradual closeness of international communication, the times of knowledge economy arrives quickly, and undoubtedly intellectual property rights shows its great importance. The protection of intellectual property rights, an international tide currently has become an import factor for improving a county's competitive power.As for the protection of intellectual property rights in China, there are two modes as judicial protection and administrative protection. As far as current situation is concerned, the protection of intellectual property rights does not reach a necessary extent, especially the criminal protection of it is quite weak. There exists such phenomenon that criminal protection is stronger than administrative protection. In practice, many people who commit crimes hadn't been prosecuted. Compared with a great deal of existing cases that intellectual property rights crimes and contribution of intellectual property rights for social economy, it is disproportionate. One of its sequent is that the intellectual property rights crimes happen more and more frequently, which aggrieved the legal interests of the owner of intellectual property rights seriously. The weak protection of the intellectual property rights even becomes a big obstacle in the currency of world economy. As for its own reason, it includes two aspects as follows: on one hand, some administrative organs don't transfer the crimes of intellectual property rights to judicial organ, the situation of"penalty instead of punishment'exists at large; On the other hand, some judicatory organs dispose commits of intellectual property rights degradedly, some cases hasn't been sentenced which should been done, some cases had been sentenced much stricter. The deep reason of which has tight relationship with lack of finance, weak supervision, leak of legislation, weak consciousness of criminal protection of intellectual property rights, and so forth.Therefore, in order to solve the problem of weak criminal prosecution of the crimes of intellectual property rights,It is needed pay more attention to the criminal protection of intellectual property rights, and beat resolutely the illegal phenomenon of"penalty instead of punishment", and the crimes of intellectual...