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Research On Several Issues Of The Crime Of Trademark Infringement

Posted on:2008-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:B Y QinFull Text:PDF
GTID:2166360242959193Subject:Law
Abstract/Summary:PDF Full Text Request
The 21st century is the era of knowledge economy. Compare to the traditional economy formations, such as agriculture economy and industry economy, the development of the knowledge economy is based on knowledge and technology. Meanwhile, intellectual property right(IPR) is increasingly becoming a focus of the crime. The crime of infringing IPR has become one of the most serious crimes of the 17 transnational crimes stipulated by the United Nations. The criminal judicial practice shows that the crime of trademark infringement plays the leading role among the cases of infringing IPR crimes. Nowadays the crime of trademark infringement becomes serious in our country. It's especially important to improve our criminal legislation system about trademark right. The author also discusses how to improve our penal stipulation on the crime of trademark infringement from three chapters. Chapter 1 mainly introduces the present situation and features, and analyzes the causes of the features. With the method of comparative analysis in Chapter 2, the criminal legislation on trademark right of France, Germany, England and the United States are compared. Aiming at the differences between our country and the other four countries, the author proposes the improvement of our criminal legislation of trademark right. In order to face the severe challenges of China's entering into WTO, the author also proposes that it's necessary to improve our legal system of IPR concerning Trade. With regard to the criminal protection of IPR, we should know absolutely that there is a certain gab between our relevant criminal legislation and the requirement stipulated in the《Agreement on Trade-Related aspects of Intellectual Property Rights》(TRIPS). Meanwhile, the agreements of WTO can't be applied directly because they don't belong to our domestic law. Therefore, it's necessary to improve our relevant domestic criminal legislation and to regulate the relationships between criminalization and decriminalization in the penal code in accordance with our promises and WTO. In Chapter 3, the author puts forward proposals from 3 aspects to improve our criminal legislation of trademark infringement. Firstly, we should expand the scope of criminal protection over trademark infringement, such as the service trademark and the well-known trademark,and that, increase the new charge of reverse counterfeit trademark in penal code. Secondly, the author also proposes to improve the penalty of trademark infringement from 3 parts, such as further strengthening the use of fine penalty, increasing the types of the qualification penalty and enhancing the non-penalty punishment. At last, the author gives some suggestions to reconstruct all-round criminal protection system of trademark infringement,establish trinity trial groups of IPR, deal with the relations between criminal justice and administrative enforcement, and breakthrough the principle"Giving priority to criminal action over civil action in a lawsuit".There are lots of problems arose from the crime of trademark infringement. The research in the article is just a tip of the iceberg. The author attempts to find and refine some issues of our criminal legislation from the data, cases and fact so as to analyze and comparatively study these issues. Furthermore, the author puts forward proposes to these issues.
Keywords/Search Tags:crime of trademark infringement, criminal protection, legislative comparison, legislative perfection
PDF Full Text Request
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