China's IPR Legislation Defect Crime And Suggestions For Improvement

Intellectual property crime is exhibiting the traits of high-occurrence, hightechnical, and internationalization as the arrival of knowledge economy age and themarket competition becoming more and more fierce. As the last line of defense ofcriminal protection system of intellectual property rights, the protection of intellectualproperty rights’ perfection degree reflects the rigor of its intellectual property protectionsystem, a more profound impact on the future development of a country’s intellectualproperty rights.This article reveals the problems existing in the criminal legislation of intellectualproperty rights in China, designed to clear the necessity and importance of the criminalprotection of intellectual property through the elaboration of intellectual property crimeand criminal protection of intellectual property rights and other related concepts. Alsoenumerates the western countries’ features in the criminal protection system ofintellectual property rights. With reference to the TRIPS and the legislation trend,detailed analysis of the problems existing in China’s criminal legislation of intellectualproperty rights, and finally puts forward improvement suggestions.This article is divided in four parts and every chapter also has several parts. Thearticle starts with introducing the related concepts and protection targets of intellectualproperty rights, analyses China and the United States, Britain, Germany and otherdeveloped countries’ current situation of criminal law system on intellectual propertyright and explains the meaning of TRIPS article61. Next it teases the defects of ourcountry’s criminal legislation of intellectual property right. By virtue of this, on thebasis of analyzing the defects, several practical proposals about perfecting the criminallegislation on intellectual property rights in China have been put forward in the lastchapter, expecting to contribute to China’s criminal protection system of intellectualproperty rights.