Research On Amount Of Intellectual Property Crime

Amount belongs to the objective constituent elements of intellectual propertycrimes. Moreover, it is the core element in crime Identifying. Intellectual propertycrime increase seriously. And China has stepped up the fight against the infringementof intellectual property crimes. How to accurate conviction and sentencing ofintellectual property crime is the key to combat such crime undoubtedly. InIntellectual property crimes,"amount" is not only throughout the recognized process,but also is a direct reflection of the crime harmfulness to society. Therefore, it isnecessary to study the amount in intellectual property crimes. This paper is dividedinto the following four parts:The first part “The basic problem of intellectual property crimes”, is mainlyabout combing the concept of intellectual property crimes, features, and legislation.This paper argues that intellectual property crime is the behavior that perpetrator inviolation of the provisions of the relevant laws and regulations of the management ofintellectual property, infringement of intellectual property rights that protected by thecriminal law, undermine intellectual property management order. It has a number ofwide geographical distribution, more than a common crime, the main complex. The1997Chinese criminal Law made a centralized special section legislation, andjudicial interpretation concretize it.The second part “An overview of the amount of intellectual property crimes”,mainly analyze the concept of the amount, form and meaning. This paper argues thatthe amount of crime is a number, and refers to the number of the harm caused by theinfringement of intellectual property for the target number of losses or violations,including loss or damage caused directly or indirectly by the violations, including thesales amount of illegal business volume, the amount of illegal gains, the amount oflosses.The third part “The dispute on the Amount of intellectual property crimes”, ismainly on the amount of intellectual property crimes identified in the attempted crime,recidivist, accomplice and units. This paper argues that the amount of pure guilty ofthe amount does not exist attempted pure guilty exist attempted; the cumulativeamount should be noted the frequency, time and the first time limit; an accomplice ofthe amount should use the overall amount, but not absolutely rule out other identification methods; common criminal incriminate standard choice should be basedon a principal and apply the standard of the main culprits.The forth part “Perfection of Legislation of the amount of intellectual propertycrimes”, is mainly direct the amount prescribed for the existing intellectual propertycrime, from a macro point of view, putting forward recommendations to improvelegislation. First of all, for the amount of the form is too complicated, and that theamount of the title should be standardized, and the amount chaotic concept focus onprovisions for one or two; Second, the amount of the standard should be clear andexplicitly related to the amount of calculation methods, standards, etc; Finally, theamount of legislation should be harmonized, under normal circumstances, the twoconflicts, should be subject to the provisions of the criminal law, if after ademonstration of the theoretical and practical circles, the Penal Code provides thatomissions by judicial interpretation supplemented.