The Shortage And The Reform Measures At The Criminal Law Protection Of Intellectual Property In China

As science and technology, cultural industries play in the social lives increasingly important role in promoting the progress of world civilization intellectual property as a great power, has become a country (region) and national prosperity, to measure a country's wealth and international competitiveness signs. With independent intellectual property rights and how to increase effective means to protect the primary topic at the same time as the legal protection of intellectual property protection regime. Criminal law protection as the most severe and most direct means of support for intellectual property from the relative safety of the barrier. As the tremendous commercial value of intellectual property, intellectual property crimes have mushroomed in recent years, and increasingly showing a professional, intelligent, organized and even the characteristics of internationalization, the perpetrator against the strong sense of escape, concealment methods of crime, resulting in evidence handling difficult to identify difficult. Strengthen the fight against IPR infringement crimes, improve the criminal protection of intellectual property, has a very high practical significance. This article is about western developed countries, through the Basic Protection of intellectual property cases, trying to stand in international perspective to grasp the basic trend of intellectual property rights of criminal legislation, direction, and found section of criminal law protection of the drawbacks of current prices, expected to take to Improvement and Reform of China's criminal protection of intellectual property rights provide valuable experience to attract valuable comments.Firstly, based on the sort of basic theoretical concepts of intellectual property principles, intellectual property crimes by systematic analysis of the composition characteristics, and criminal law constitutes a crime, by crime, constitutes a framework for detailed analysis of intellectual property crimes, the perspective of its protection of criminal law theoretical foundation, the first clear the main subject of crime in general, the subjective aspects of the general performance was deliberate; criminal object is a complex object, including intellectual property rights holder of the intellectual and the state government departments related to intellectual property management system. Performance of the objective aspects of the implementation of the perpetrator of violations of intellectual property of others, serious behavior. To study the shortcomings of criminal law protection of intellectual property rights and reform measures to provide the prerequisite requirements.Secondly, this paper describes a large segment of the length of criminal protection of intellectual property legislation in the international community through the road, including major countries of the international community, legislative history, analysis of criminal protection of intellectual property rights and then to a consensus by the consensus of the diverse trends. By analyzing the types of intellectual property interests of the community involved in different countries for the same criminal protection of intellectual property rights do not have the meaning provided to compare the reform of criminal law protection of intellectual property process, the status quo. Protection of criminal law through the principles and values (?)<(?)<to start the discussion, considering China's current market value of intellectual property rights protection under criminal law choices. To join the WTO, gradually approaching the term of protection facing our country is gradually give up the "local protection" values, take the road of international protection.Meanwhile, China's criminal law as an intellectual property protection system a late start, coupled with China's laws had long been neglected, especially in criminal law and the community play a guiding role of governance, in addition to criminal law and criminal law through the single way to explain the provisions of a number of intellectual property crime the handling requirements, resulting in criminal law protection of intellectual property legislation scattered, various rights and sanctions is relatively fragmented and even contradictory, and comparison of the theoretical groundwork criminal protection of intellectual property rights abroad, found that the current evolution in the history of intellectual property rights, in the context of international intellectual property rights contained in the copyright, trademark, patent, trade secret and other aspects of criminal law protection of different problems and shortcomings, and criminal judicial protection of imperfections, that in turn were categorized according to different types of effective measures and recommendations proposed for the structure the fight against intellectual property crime, provide the basis for the criminal legal system.Finally, we use combined with earlier, the Legal Protection of Intellectual Property from the copyright, trademark, patent, trade secret protection, respectively, at the start point of detail, in view of serious acts of infringement of intellectual property management order setting offense perfect, present, and growing emerging new criminal penalties for intellectual property building regulations, and improve the protection of criminal law have been developed details of the deal, modify the appropriate details of the current situation, articles, etc., made with the characteristics of intellectual property rights of criminal law protection reform measures, which in order to improve the IPR criminal protection of intellectual property strategy for the early completion of an innovative country to accelerate the pace of integration with the international community as soon as possible.