Research On Criminal Protection Of Intellectual Property

Because of the frailty of Intellectual Property and huge economic interest arising from violating the Intellectual Property, crimes on Intellectual Property have happened worldwide. The civil and administrative protection in every country can no longer protect the Intellectual Property only by them own. Therefore, there're an international tendency of highly emphasize on criminal protection on Intellectual Property. The TRIPS Agreement of WTO has established such legislation in its 61st Article. Only when we could comprehend such institution correctly, and analyze the mature legislations of criminal protection on Intellectual Property, we can hereunder study this criminal protection on Intellectual Property deeply. On the other side, each member of TRIPS should bear their obligations under the TRIPS agreement. As one of the members, China has focused on criminal protection on Intellectual Property these years. According to TRIPS Agreement, it is quite urgent to perfect the criminal protection on Intellectual Property in China.Partâ… is about the overall description of the criminal protection on Intellectual Property. From the very beginning, we study the sprout of the criminal protection of Intellectual Property. Then we analyze the layer of Intellectual Property legal protection system and learn the reason why such protection has come into existence. Therefore, we can have the first understanding of the criminal protection on Intellectual Property.Base on that, Partâ…¡goes further. First of all, the paper analyzes the imperative from the three aspects in reality: market-oriented economy, intelligence, and economic globalization. Then in the angel of social foundation, function of interest balance and cost benefit, we study the rationality of such protection.Partâ…¢does the research on the criminal protection on Intellectual Property in both the 61st Article of TRIPS Agreement and other western developed countries. By analyzing those mature legislations, the criminal protection on Intellectual Property can be learned more deeply.Partâ…£combined the criminal protection on Intellectual Property in China and the TRIPS Agreement and analyzes some disadvantage of them. We discuss how to perfect the criminal protection on Intellectual Property in China.