A Study On The Legal Problems Of Criminal Protection Of Intellectual Property In China

This is a paper on criminal protection of intellectual property, with the major purpose to illustrate the current legislative status and existing issues on the criminal protection of intellectual property in China, and to analyze the characteristic of crimes of intellectual property infringement, from the perspective of the crimes constitution of specific charges in criminal protection of intellectual property, thus to put forward suggestions on how to further improve criminal protection of intellectual property in China. With about40,000words, this paper mainly focus on the following4chapters:Chapter1acts as the basis of this paper, including3sections. Section1raises the concept of criminal protection of intellectual property, and analyzes the necessity to conduct criminal protection for intellectual property, and specifies the current legislation status of China in criminal protection of intellectual property, and illustrates the legislation status of criminal protection in trademark right, patent right, copyright right, and commercial confidentiality. Section2focuses on defining the concept, and analyzing the reasons and judging the current situation in the crime of intellectual property infringement. Section3illustrates the constitution of crimes of intellectual property infringement.Chapter2&3is the major point of this paper. In chapter2, it clarifies theoretical disputes and conceptual ambiguity by illustrating the crimes constitution of specific charges in criminal protection of intellectual property, therefore establishes the theoretical foundation and clarifies the direction to improve the criminal protection of intellectual property. In chapter3, it elaborates the procedure of criminal protection of intellectual property in China; In the section1of chapter3, it mainly introduces the determination procedure to the crime of intellectual property infringement by the public security institution of China, and it includes the model of prosecution for the criminal case of intellectual property in section2, and to establishes the theoretical foundation for improving the criminal protection process of intellectual property.Chapter4is the core and the most valuable part of this paper. In this chapter, the author proposes the solution and suggestion against the insufficiency of the criminal protection of intellectual property in China. This chapter comprises3sections, which proposes effective and feasible measures against the insufficiency of Chinese legislation from three aspects respectively, including legislative perfection for each accusation, optimize the penalty arrangement, and improve law enforcement perfection. Look forward to contributing a little for the criminal protection of intellectual property in China。...