Research On The Criminal Protection Of The Trademark Rights In China

The criminal protection for the trademark right is the most important part of thetrademark right protection chain,meanwhile,it has already become the most effectiveprotection barrier against the violation of trademark right with the criminal cases oftrademark infringement increasing.But in the theoretical circles,there are many disputesabout how to protect the trademark right criminally and the amount of “strong”protectorsupporters is almost the same as the “weaken”protector advocators.Criminal measuresapplying for the trademark right protection are necessary and suitable and they have the directbearing on their whole rationality of protection pattern.This article mainly introduces thecurrent criminal situation of trademark right infringement,comparing to the internationaltreaty from the view of comparative studies and researches the rationality as well as theexisting flaws of trademark criminal protection from the view of theory so that to search forthe direction of trademark criminal protection of our country and perfect it.This article hasbeen divided into six parts.The introduction has analyzed the current legal rules of trademark right criminalprotection legislation and the present criminal situation of trademark right infringement,summarized the domestic scholars’ various comments on the trademark criminal protection atthe same time,therefore leading to the core issues whether the trademark criminal protectionof our country is rational or not and how to perfect it.The first part has analyzed the practical need of trademark right criminal protection fromthe practical view and introduced the necessity of trademark right criminal protection from theaspects of the present situations,characteristics and causes of trademark right criminalinfringement of our country.The second part has elaborated the rationality of trademark right criminal protectionfrom the prospective of theory,history as well as reality.In theory,the criminal code itselffeatures and the trademark right’s properly specific nature decide the practical argumentscombination with the trademark right criminal protection and they are the practical needs offoothold,meanwhile,they are necessary for existing.However,in history,the system oftrademark right criminal protection consummates step by step as the effect strengthening oftrademark in economic life according to the history stages of trademark right criminal protection legislation of our country.And such protection system perfects with the help of thefusion of internal causes and external causes.Just as the situation need of our country,weshould emphasize the necessity of trademark right criminal protection as well as thesuitability of it, therefore we can realize the rational protection of trademark right.The third part has compared the trademark right criminal protection provision of ourcountry with the TRIPs and the Anti-Counterfeiting Trade Agreement from the perspective ofoughtness and argued that the trademark right criminal protection of our country had alreadysatisfied the relevant provisions and gists of TRIPs even more had surpassed its specializedrange somewhere.Moreover this part has proved the trademark right criminal protectionsystem of our country’s conformation to the tendency of international trademark rightcriminal protection and the national needs, through comparing with the Anti-CounterfeitingTrade Agreement which our country was involved in but not went into effect.The forth part has stated the necessary trend of the trademark right criminal protection ofour country.There is necessary for us to clear the flaws existing in the trademark rightcriminal protection of our country on the premises and further improve the suggestions of thetrademark right criminal protection legislation of our country from the prospective oflegislation.The conclusion has summarized the main points of this article.