On The Criminal Protection Of Trademark Rights

Trademark rights are an integral part of intellectual property rights, playing an increasingly important role in the modern economic sector. In the context of rapidly rising crimes of trademark rights infringement in China and worldwide, strengthening the protection of trademark rights, especially providing protection by enforcing the criminal law, has increasingly become a necessary measure to safeguard the safety of trademark rights as intangible assets.This paper, on one hand, examines the current situation with regard to the protection of trademark rights through the enforcement of the criminal law in China, and on the other hand, draws upon the success experience of foreign countries (regions) in protecting trademark rights, and then proceeds to reflect upon and review the flaws in the protection of trademark right through the criminal law in China in the knowledge economy era, and finally proposes related suggestions in the hope of contributing to the improvement of China's trademark rights and intellectual property rights through the criminal law. This paper consists of four chapters.Chapter I gives a description of the legal means of legislative, judicial and administrative protection of trademark rights, pointing out that the issue of criminal protection of trademark rights as discussed herein involves both protection by criminal legislation and protection by criminal justice; afterwards, this chapter reviews the legislative trajectory of the protection of trademark rights in China through criminal legislation, gives a detailed analysis of the current situation of protection through criminal legislation, analyzes the present state of China's protection of trademark rights through criminal justice, and pinpoints existing problems.Chapter II conducts an investigation and comparative analysis of the current status of legislation for trademark rights in major foreign countries and China's Taiwan region for reference.Chapter III conducts an analysis of the basic value orientations and basic criminal policies of providing criminal protection for trademark rights, and draws the conclusion that the criminal protection of trademark rights should start with a system design from the basic standpoints of protecting trademark right holders, and that, on the issue of criminal policies, legislatively, criminal policies which combine strongprotection in form with weak protection in substance should be adopted, and judicially, criminal policies with strong protection in substance should be adopted.Chapter IV pinpoints existing problems with China's criminal protection of trademark rights from the perspectives of criminal legislation and criminal justice, and provides certain suggestions for reconstructing China's criminal protection system for trademark rights in the hope of contributing to the improvement of the criminal protection of China's trademark rights.