The Criminal Protection Of Chinese Intellectual Property Rights

Knowledge plays an increasingly important role in the process to promote the progress of social and economic, creating huge economic benefits. The intellectual property rights system was established to make better use of the role of intellectual property rights in promoting social progress. The problem of intellectual property infringement becomes increasingly serious because of its characteristics. In the context of today’s knowledge-based economy, how to protect intellectual property rights better has become an important social issue. In practice, the protection of intellectual property is divided into civil remedies, administrative relief methods and criminal remedies, which should be used in conjunction. The criminal law is the guarantee of the implementation of the law. As the country’s most severe sector act, it can crack down on intellectual property rights infringement very severely, playing an extremely important role in the process of protecting intellectual property rights.Therefore, the criminal law protection of intellectual property rights is attracting more attention. China’s criminal law protection system of intellectual property rights has been in the process of continuous improvement. However, there are still a lot of problems in legislative and judicial sector. The settlement of problems is important to improve the protection of intellectual property rights in China. To know a thing and solve the existing problems, the first question is to clear the concept. The illustration of the concept of intellectual property rights is put in the opening, laying the foundation to solve the questions. With the analysis of the concept, the characteristics of the intellectual property rights are analyzed. Then the three ways of intellectual property protection and the need for intellectual property protection of criminal law are overviewed. The criminal law protection of intellectual property rights not only based on the domestic, but also we should learn from the experience of developed countries of the West. So the second part of the article introduces the most representative countries’ substantive criminal law about the protection of intellectual property rights in civil law countries and common law countries, and the relevant provisions of intellectual property rights representative of international treaties. Then the status and problems of the criminal law protection of intellectual property rights in China are specifically described. For the status quo, there is a brief analysis of three aspects of substantive law, procedural law and criminal elements. For the problems, the analysis is expended from two different angles:the criminal legislative angle and judicial angle. The problems that exist in the legislation are as follows:Deviation in the value orientation of the legislation; Legislative model disadvantages; Requirements of the provisions of the subjective element is too high; Object of protection is not complete; Criminal point is too high; Irrational penal system; Lack of procedural legislation. The problems in the judicial are as follows:There are gaps in knowledge of the seriousness of the criminal cases of intellectual property rights in the judiciary; A lack of prosecution of criminal cases of intellectual property rights is existed; Inadequate protection of intellectual property crime victims; Criminal with civil system does not play a role; International Judicial Assistance in Criminal deficiencies. Finally, according to the current realities and the problems in the criminal law protection of Intellectual Property in China, corresponding improvement measures are put forward. These analyzes are hoped to supply some reference for the protection of our intellectual property, especially for criminal legislation and the judicial process in order to protect intellectual property rights.