The Investigation Of Criminal Cases Of Ipr Violations

The 21st century is knowledge economy time. Intellectual propertyrights play a big role in impetus economy development. At the same time, theintellectual property rights also day by day become focal point. According torelated data statistics, crime against intellectual property is already one of 17kind most serious crimes which stipulated for the United Nations.In the recent several years, intellectual property rights protection workprogress rapid extremely quick in our country, but regrettably, crime againstintellectual property has not been able to obtain the effective containment, onthe contrary, has actually got stronger and stronger. Investigates its reason,besides the criminal legislation in flaw, one of important reason is day by daythe public security organ is insufficient to the crime against intellectualproperty. Therefore, how effectively enhances the public security organ'sability to investigate the crime against intellectual property, by fulfills itsresponsibility to attack crime well, became an important practicalsignificance topic.Eliminates the introduction, the main text of this article divides into fourparts, total 30,000 characters.The first part, to give a basic concept carried to the intellectual propertyrights as well as the crime against intellectual property, in which the authorused the comparison research method to crime against intellectual propertyconcept. Meanwhile the author has carried on the induction summary to thecrime against intellectual property characteristic and the legal characteristic,gives a whole understanding from legal and practical on the crime againstintellectual property. Finally, the author has carried on the simple elaborationto the intellectual property rights protection's history and the tendency of theinternational and domestic, this will has quite important reconsidering andthe inspiration function to our intellectual property rights protection work.In second part, gives some difficulties and insufficiency in currentcrimes against intellectual property investigate work. Because the crimeagainst intellectual property increases rapidly, but, for various reasons, thepublic security organ's word to reduce the crimes against intellectual property has not achieved a good degree. The author has carried on thethorough analysis to these reasons from the legislation and the lawenforcement, the detection department interior and exterior side, thisincluded the obsolete thought idea and the way of work, the lack ofprofessional personnel of investigate the crime against intellectual property,the bad cooperation between the departments as well as some systemmalpractices and so on, the crime against intellectual property's own crimecharacteristic also gives difficulty to the investigation.The third part, the author gives comprehensive and detailed analysisabout offender and criminality basic from the criminology related. First,carries on the elaboration to the offender and the criminality concept as wellas its research significance, next, get some analyses on the intellectualproperty rights offender including its professional characteristic, professioncharacteristic as well as with victim's aspect and so on. About the criminalitybasic, the author begins from summing up the characteristic of theintellectual property rights criminality, and then discovers its correspondingplan of it. In this process, the author has referred to the multitudinous realsource material, to achieve the integration of the theory and the practiceorganic synthesis, to manifest the practicality strong characteristic of theinvestigate research.The fourth part is about the investigate measure crime againstintellectual property. First, because the crime against intellectual propertyessentially still belonged to the criminal activity, it has very heterogeneitywith other types criminal activities with it place, the traditional investigatetheory and method still have bright prospects here, its principles and thesystem which formed in the long-term practice here instruct and command tothe investigation to the crime against intellectual property, the originaldetection method also could massively be used in the crime againstintellectual property investigate work, Therefore, this part has made moreelaborations to the crime against intellectual property investigation on itsprinciple and the general step and the measure, makes the expound moresystematic. But as a result of crime against intellectual property's own particularity, we also need to have to utilize the corresponding strategies andmeasures in the investigation, for example to the prompt collection ofevidence, the control of stolen goods, the technical identification of thecorresponding products which we need pay specially attention to, thesemeasures often are the key to successfully solving the case, the author hasalso given the enough regard on these measures.