The Function Of Criminal Law On Protection Of Intellectual Property

Due to the vulnerable infringement of intellectual property and the subsequent incredible benefits, crimes related to intellectual property have been expanding all over the world, which initiates the trend of the application of criminal law in the international protection of intellectual property. The orientation of value of national rights in Chinese criminal law protection is the fundamental cause why the criminal legislation and administration of justice pay little attention to the protection of obligees' interests, and crimes related to intellectual property become more and more. Therefore, shifting to the orientation of value of individual rights which focuses on the protection of obligees' legal interests not only complies with the private nature of intellectual property as well as the transactional requirements, but also responds to the public value of criminal law protection of intellectual property and eradicating crimes. It's necessary to set definite and substantial charges at the basis of our reality and TRIPS provisions when formulating the protection system. Meanwhile, new offenses severely infringing intellectual property should be included in the crime aspect; the reasonable elements of the abstract danger can be considered with reference to the legislative model of erfolgsdelikted to treat the amount of products infringed which is made and sold as the convicting and sentencing standard, to moderately decrease the too higher monetary amount for prosecuting and substantiate the current number. The stipulation of the legally-prescribed punishment should be targeted at the retribution of crimes related to intellectual property, to increase the provisions and application of fines, to shorten the maximum sentence of the penalty depriving of freedom, to provide the penalty of the prohibition of employment. In criminal enforcement, special investigation body can be organized; the restrictive description of severely harming social order and national security should be abolished when the authority investigates cases; a court that has the jurisdiction over criminal, civil and administrative cases related to intellectual property shall be organized; the form that civil lawsuit is supplemented by criminal one shall be carried out.