On The Criminal Protection Of Intellectual Property

The world has stepped into the knowledge-based economy era. Knowledge has been one of the most important characteristics of a nation. Intellectual property rights (IPR) is of great importance in the International competition. In light of the importance of IPR, each country strengthened the construction of IPR system, so that more creation and knowledge may be produced. In the context of economic globalization, each country can't hold the independent character of its own IPR system. More and more IPR international treaties have influenced the construction of each country's IPR system. Furthermore, in order to get more profits from the developing countries, the developed countries, by the advantaged position of IPR, try to influence the IPR system construction of the developing countries.Intellectual property is one kind of property, which can bring fat profit. It makes the offenders pay much attention to it. Compared with the corporeal estate, the characters of IPR make it easier to be infringed. Crime on IPR is a long-standing problem all over the world and each country puts stronger efforts to the IP criminal protection.The construction of IPR system of China started later. In recent years China put more efforts on the IPR construction due to certain factors and strengthened the criminal protection of IPR. However, we shouldn't be lost in the existing achievement of IPR system construction. On the one hand, we should be aware that the IPR system of China is established by the foreign pressure. So it doesn't have its own character. On the other hand, we should know that we accomplish the IPR system construction in about twenty years which the developed countries did in about two hundred years. It shows that the IPR consciousness of the whole nation of China is still weak. Although we made some success in the IPR system construction, the cultivation of IPR consciousness in China falls behind.Comparative jurisprudence is an important way of IPR study. Lots of rules of China's Intellectual Property law are founded on the comparative jurisprudence and some are transplanted directly. In view of above, by means of comparative study, the author not only pays close attention to the new and advanced elements of foreign IPR law, but also cares about the adaptation between the transplanted elements and China's conditions; not only pays attention to the harmonious of the jurisprudence system, but also concerns the influence of non-legal elements on the legal system, especially national interest.Another innovation of the article is embodied in the new structure of the article. Currently, the scholars of China study the IPR criminal protection from the angle of target of crime. The author carries on the study from the traditional criminal study angle, namely, from the angle of special constitutive elements of crime.The article consists of four parts:The first part analyses the reasons of crime of IPR. The part also studies the level of IPR criminal protection in China.The second part is the main part of the article. By comparative method this part concerns the constitution factors of IPR crime home and aboard and points out the flaws in China.The third part studies the punishment and procedure of IPR criminal protection and nd points out the flaws in China.The forth part puts forward suggestions on the perfection of IPR criminal protection in China. The author believes that the existing law of China can give comparatively perfect criminal protection. But the perfection should be continued by the time. In the process of perfection we should base on the national condition, not the level of the developed countries. The own character of China's IPR law should be established. In the process of IPR law construction we should pay attention to the influence of non-legal elements.