Under The Anti-counterfeiting Trade Agreement Research On Criminal Protection Of Intellectual Property Rights In China

Due to the developed countries are not satisfied with the trade related intellectualproperty rights agreement "(hereinafter referred to as" the Trips agreement) focuses on theentity rights protection, they would like to pursue a higher standard of ipr law enforcement,so gradually focus on intellectual property enforcement. Along with in recent years, as theintellectual property rights for the influence of the trade is more and more big, such crimeis more and more rampant counterfeiting and piracy, to crack down on counterfeiting andpiracy strong at this time of the anti-counterfeiting trade agreement (hereinafter referred toas the "ACTA") arises at the historic moment, the biggest characteristic of ACTA is in lawenforcement, desire by strengthening its states parties intellectual property rightsenforcement to radiation than states parties, of course including China. ACTA in civilaction, the number of border measures and criminal measures,specially under digitalenvironment.Compared with this, some deficiencies still exist criminal protection ofintellectual property rights in our country, there exist deviations in legislation mainly forlegislation guiding ideology, legal terminology, confused and legislation can’t keep pacewith The Times, criminal justice mainly for prosecution way have defects, remains to bestrengthen civil suit collateral to criminal proceedings, etc.Criminal protection ofintellectual property rights should be practical and update for this legislative idea,legislative model, improving the criminal law system, to ensure the effective protection ofthe victim interests at the same time also want to notice to protect as violators of thedefendant’s basic procedural rights.ACTA while reflecting the interests of developedcountries, developing countries from the start, excluded from this agreement negotiationprocess, but as a trading powers of China can’t buy this revolves around trade and tostrengthen the enforcement of intellectual property rights agreement, must save for a rainyday, pay close attention to the research of this agreement.And this article foothold on theinquiry in ACTA under the background of our country how to deal with, and what thecriminal protection of intellectual property rights of our country.