Comparision Research Of Criminal Protection For Trademark Rights

As an important part of intellectual property, Trademark system for the promotion of scientific and technological advancement and economic development is of great significance and role. In view of this, China's Trademark criminal violations of criminal law dedicated to the protection of trade marks. As trademark legal system in China formally established a comparatively short time, the means to regulate the legal relationgs of trademark by using criminal meanings is not mature and perfect enough. With the rapid development of Trademark system, Trademark violations of the criminal law on the crime of setting up specific legislation has become increasingly prominent in the development of practical and objective unreasonable compared to the lag. Thus, how to improve infringement crimes legislation must be attached great importance to theoretical studies.This article launches the elaboration of trademark rights crime and criminal legislation from three aspects, namely the full text obtains from the trademark rights concept, And further, legislation comparison and infringement of trade marks commit a crime composing important condition carrying out investigation and discussion comparatively, corporal punishment protects here on the basis to our country trade mark privileges to the trade mark privileges legislation basis and trade mark privileges corporal punishment protection legislation submit corresponding perfect suggestion.The foreword part is brief primal problem analysing submitting the main body of a book.The first chapter, concept and characteristic introducing trade mark privileges system creation and copyright, to carry out the accurate boundary on the person stablely; Trade mark privileges product economic value is enormous, needs protection to provide forceful legal protection to the person, asks to reinforce corporal punishment especially for legal benefit of trade mark privileges people and the creativeness stimulating them.Second chapter, emphatically from the various countries (area) the trademark rights criminal law protection legislation evolution, the legislation pattern and the various countries (area) encroaches upon the trademark rights crime the type three aspects to embark, Thus draws the conclusion: The various countries all extremely takes the trademark rights the criminal law protection, Has covered this kind of crime aspects, Specially can unceasingly make the revision along with the time development, Therefore to the trademark rights criminal law protection is the relative consummation. This the very few legislation stipulation has formed the sharp contrast with our country criminal law in.Third chapter, uses traditional four important documents to say to encroaches upon the trademark rights crime to constitute the important document to conduct the comparison research, Then promulgates the our country criminal law 213th-215th existence the question: Our country quite is narrow to the trademark rights criminal law extent of protection; In our country criminal law stipulated the infrigement trademark rights crime has "the circumstance serious" or "the sales amount amount is bigger" the isometric limiting condition, Not only too is harsh, moreover seriously lags to the social economy life actual situation.Fourth chapter, to encroaches upon the trademark rights crime the legislation consummation to put forward the proposal. Mainly from extent of protection, increase infrigement trademark rights aspect and so on crime type, legislation pattern, protection dynamics gives some constructive comment.