Study On The Problem Of The Standard Of The Amount Of Intellectual Property Crime

The amount of Intellectual Property Crime is the number of economic interests that is caused by the crime. The amount of crime is significant for determining a crime and the application of punishment. The standard of the amount of Intellectual Property Crime is divided into sales amount, value of products, the amount of illegal income, illegal business amount, the number of items involved, the amount of loss and so on. They all have advantages and disadvantages in application. And the application of these standards in juficial practice is not unified, which will result in the judicial injustice easily. Before establishing the standard, it should be clear that for the interest and value choice of criminal law of intellectual property rights, China’s legislation should focus on the protection of private rights and should take the public interest into account at the same time. In the legislative model, the amount standard and plot standard should be combined. In order to grasp the intent of Intellectual Property Crime reasonably and punish crimes roundly, the provision of intent crimes in Intellectual Property Crime should be cancelled. By increasing other standard such as the amount of rightful owner’s economic loss, the amount of infringement and comprehensive standard, and by defining the rank relation of the amount standard of the intellectual property crime, the criminal law protection of intellectual property rights can be improved.