The Protection Of The Rights And Its Program Design In Criminal Cases Of Intellectual Property Rights

In recent years, China’s judicial organs continually strengthened on infringementof intellectual property crime crackdown.But criminal justice practice still someissues to be taken seriously and resolved. This article from the point of view ofprocedural law to intellectual property rights in criminal cases and protection of therights of the victims unit as a starting point to explore the judicial practice problemsand solutions. With the traditional sense of the victim in criminal cases, this articlebelieve in comparison, IP criminal cases murdered units greater particularity, thisparticularity determine criminal justice should be given to special protection. Throughan area of15years of criminal cases of intellectual property: an empirical analysis,you can find the first, from the depth of the protection measures, the infringement ofintellectual property rights of access to criminal proceedings, the proportion of verysmall; the second, from the breadth of the protected object, access to criminalproceedings for the infringement of intellectual property cases in the professionalismof the relatively weak mainly registered trademarks; and thirdly, from theparticipation of victims unit, intellectual property rights in the criminal case unit at theprosecution stage and trial stages of participation is very low. For these questions, this article is divided into three stages on the protection of the rights and interests ofvictims unit made a program design. First, cases before entering the prosecution stage:focus on enhanced combat forces, increasing the rate of adult cases. Specific measuresinclude: use of administrative law enforcement and criminal justice informationsharing platform, timely intervention administrative enforcement; early interventioninvestigation, forensic investigation guided, raise a case rate; and executive authorities,investigative agencies and judicial organs inform evaluation mechanism set up clues.Secondly, the prosecution stage: key to protect the victim’s right to participate inproceedings of the unit. Specific measures include: the obligation to inform the rightsof victims should be timely delivery of killed rights of victims should be timelydelivery of killed units; clear progress in public sector action, information obligationsto protect the right of the victim unit; clear prosecutorial advice to protect the victim’sright to be heard of; protect victim units bring lawsuit rights; the right to provideevidence of murdered; protection of victim’s rights unit action agent; for issues foundin the case, the victim issued prosecutorial advice. Third, after the prosecution ofcases: focus on strengthening education and advocacy, on intellectual property crimeprevention in General. Specific measures include: notification time trial, the killingunits may propose its organization to observe the hearings; increase of the typicalcases, raise its awareness of the intellectual property legal consciousness of citizens,creating a good social atmosphere; increase and is repeated infringement of themartyred units. Tags: IP criminal protection program design.