Several Problems Of Criminal Ipr Infringement

With the rapid development of science and technology, the intellectual property system is more and more important in economic and social activities. However,the amount of crime of infringing upon intellectual property right is also growing. Although the "Criminal Law" on crime of infringing upon intellectual property right of china of 1997, made a detailed provision, but there are still many issues deserve to in-depth study. This paper attempts to keet on exploring effective ways to protect intellectual property.This paper is about 32,000 words and divided into three parts.Part I: Generality to crime of infringing upon intellectual property right. The first part defines the concept of intellectual property firstly .Then the concept of crime of infringing upon intellectual property right has been studied.Part II: Cognizance of crime of infringing upon intellectual property right. The second part is cognizant of crime of infringing upon intellectual property right from two aspects.Firstly,the subject matter and subjective matter of crime of infringing upon intellectual property right have been studied.Then,some difficult issues of crime of counterfeiting registered trademarks,crime of counterfeiting patents,crime of infringement of copyright and crime of commercial espionage have been studied.Part III: Legislative improvement of crime of infringing upon intellectual property right. The third part studies legislative improvement of crime of infringing upon intellectual property right from macro and micro aspects. In macro aspect, the legislative mode and penalties of crime of infringing upon intellectual property right have been studied. In micro aspect,some difficult issues about legislative improvement of crime of counterfeiting registered trademarks,crime of counterfeiting patents,crime of infringement of copyright and crime of commercial espionage have been studied.