The Criminal Regulation On Trademark Infringements In The Network Environment

The content of this paper is the trademark infringement under the network environment,and how to construct the mode of criminal law reasonable to protect the trademark rightsunder the network environment.Network trademark infringement presents the characteristicsand changes of different from the traditional trademark infringement, trademark protectionsystem of trademark in traditional evaluation under the network environment infringementcrackdown has already is "insufficient" phenomenon, more and more network trademarkinfringement caused. Methods of network trademark infringement has concealment, diversity,cross regional characteristics, and the social harmfulness for network transmission speed andwide coverage by the infinite enlargement. To punish the use of criminal law, it can not onlyimprove the criminal law in environmental crime regulation of network system, make thecriminal law value function in combating and preventing crime, and in conformity with therequirements of the real right protection of trademark under the network environment, fill upa traditional trademark protection system.Under the background of high phenomenon of network trademark infringement and theuneffective legal protection system for trademark right, criminal law as a guarantee of socialstability, and the last and the most stringent defense, involved in illegal economic behaviors isthe inevitable requirement.Criminal law regulation of network trademark infringement cannot only improve the regulation of network system,make the criminal law value function incombating and preventing crime, and in conformity with the requirements of the real rightprotection of trademark under the network environment,fill up a traditional trademarkprotection system.This paper has Four aspects,which are the of social realistic needs for theprotection of trademark rights;the harmfulness of network trademark infringement;thelegitimacy and appropriateness of criminal law itself and the inevitable choice of thedevelopment of criminal law.This paper also think that it should be based on Criminal Lawcurrent protection system of the re adjustment to punish network trademark infringementunder the network environment.The construction of criminal regulation mainly from fouraspects,including reference the overseas advanced experience to strengthen the regulation ofcriminal law,improve the existing criminal law judicial interpretation and speeding up the construction of the criminal legislation,and additional related charges and so on,whichincludes not only the way to strengthen the current criminal law regulation,and reasonablesuggestions to add "network of illegal use of trademark crime", presenting the comprehensivediscussion of the specific ideas and methods for trademark protection from criminal lawunder the network environment.