China’s IPR Criminal Judicial Protection

With the development of knowledge economy and the deepening of economic globalization, intellectual property is increasingly becoming a core element of strategic national resources and international competitiveness, the value of intellectual property rights more and more world attention. Accompanying this is infringement of intellectual property crime intensified. How to use the criminal law protection of intellectual property has become the important issues of national concern and research.At present, China has established a relatively complete legal system of IPR. But our intellectual property crime has not been effectively curbed the legislative, judicial and weak phenomena. Use the intellectual property of foreign governments and businesses continue to put pressure on our country, resulting in the passive situation of our country in the field of intellectual property. How to take reasonable measures to improve China’s IPR criminal judicial protection, in order to more effectively serve our country build an innovative country, promoting China’s intellectual property power to a power shift of intellectual property, the judiciary urgent need to address the problem.Organs for legal supervision of the prosecution as stipulated in the Constitution, an important link in the judicial protection of intellectual property rights play an irreplaceable role. In recent years, the procuratorial organs in the fight against criminal IPR infringement has made great achievements, but there are still some problems that can not be ignored. Incompatible criminal justice prosecution in the field of intellectual property protection, strengthening of administrative law enforcement and criminal justice in this area of convergence, the present study is not sufficient, the procuratorial organs and academics have yet to form a good interaction on this issue, the rapid development of economic and social status quo very need for in-depth study.The first part, some basic questions on the protection of intellectual property rights of criminal justice elaborated analysis of the need for the protection of intellectual property rights of criminal justice, protection of intellectual property rights of criminal justice approach to the Attorney perspective, the analysis in the field of criminal justice policy.The second part of the typical criminal IPR judicial protection situation describes the analysis of the status of protection of IPR criminal justice in our country at this stage, introduced the basic situation of China’s procuratorial organs to carry out the judicial protection of intellectual property rights of criminal.The third part of the legislation, two laws converge, judicial case-handling problems in the angle, in-depth analysis on China’s IPR criminal judicial protection of the problems, which sums up the five problems.The fourth part of the existing problems, improve laws and regulations to enhance the ability of handling the case, to strengthen coordination with each other, put forward opinions and suggestions of the six aspects.Overall, the paper follows a question, analyze problems and solutions to those problems, the use of long-term experience in the judiciary, the actual work carried out in-depth analysis and research on the protection of intellectual property rights of criminal justice, the rich targeted comments and suggestions.