A Comparative Study On The Criminal Protection Of Trademark Right

Trademark right is an important part of intellectual property right and plays an important role in the development of social economy. The protection of trademark right has significant meaning to the stability of marketing economy. So our country has adopted criminal protection to trademark right. Since Chinese trademark system has been established only for a relatively short period of time, there exist some problems in the application of criminal protection in reality. Especially when technology has been changing nowadays, the current criminal protection system to trademark right cannot properly fit adjusting legal relation related to trademark right. Thus, perfection needs to be done to the current criminal protection to trademark right.This article starts with the necessity of criminal protection to trademark right, then compare Chinese provisions to those of foreign countries and regions from overall and specifically, and then concludes the existing problems and draws the advice for the perfection of Chinese criminal protection to trademark right.Preamble introduces the issue and purpose of this article.Part One illustrates the function of trademark and the necessity and importance of criminal protection.Part Two compares legislative orientation, laying the foundation for further specific analysis and comparative conclusions. This part also specifically introduces the criminal protection of trademark right in Germany, Taiwan district, the United States and China, with a great emphasis on the related provision of Taiwan district.Part Three continues the specific comparison. Since counterfeiting registered trademark is stipulated in almost countries and regions, this chapter mainly compares the crime of counterfeiting registered trademark from the traditional view of four constituents, drawing the differences and similarities, and also compares. This chapter illustrated the reasonableness of Chinese relevant provisions on one hand, and makes clear of the shortness on the other hand.Part Four analyze the defects of our current system at great length. The legislative mode is not scientific; the subject under the criminal protection and the extent covered is relatively narrow; and the penalties are not reasonably stipulated.Part Five draws the advice for the perfection of Chinese criminal protection of trademark right on the basis of forgoing analysis and the changes of the new Trademark Law. Even though the current legislative mode is not scientific, out current task is to expand the subject under and extent of the criminal protection system, set reasonable penalties, and make a better connection between the future criminal protection system and the new Trademark Law.The Conclusion projects the criminal protection of trademark law once again.