Criminal Regulation On New Intellectual Property Infringements

There are three public relief methods to protect the Intellectual Property rights,civil remedies, administrative remedies and criminal remedies. These three waysworking together maintains a healthy Intellectual Property system to protect theorderly and healthy development of economy and society. After decades ofdevelopment and improvement, under the joint action of domestic and internationalfactors, China has a increasingly rigorous legal network to prevent criminal acts inIntellectual Property area. With the advancement of science, technology and lifestyle,new style Intellectual Property infringement comes up one after another. In the face oframpant Intellectual Property violations, the civil and administrative protection isapparently far from enough. And adopting criminal law to norm the behavior of thegeneral public is essential. The thesis mainly focuses on two issues--whether certainnew violations have been incorporated into the criminal regulation and whethercriminal law should be invoked to regulate these violations.This paper is composed of four parts. And, as a whole, the paper can be dividedto two parts. The first chapter is an overall discuss on some related concepts andtheories, and Chapter II to IV points respectively on the new phenomenon ofcopyright, trademark and patent field.Specifically, Chapter I discusses the basic concepts and theories of the criminallaw protection of Intellectual Property, as well as the trend of criminal law protectionin our country. The definition and features of the Intellectual Property, the definitionand characteristics of Intellectual Property crimes and the criminal law protection areincluded in the basic concept part. In the theoretical part, the necessity of criminal law protection and the basic principles criminal law should abide by are discussed indetail. In the end of Chapter I, the summary of the development process of criminallaw protection is made and the future direction of the criminal law protection ispredicted.Chapter II discusses the criminal regulation of a new infringement of copyrightfield—the network communication act. The first section reviews the scope of thecriminal law on copyright protection. The second section takes heavier ink ininvestigating whether the behavior of Internet dissemination should be punished bythe criminal law, and comments the pros and cons of the current criminal lawregulation. Finally, measures on how the criminal law should regulate copyrightinfringements under the Internet environment are proposed.Chapter III explores the criminal law regulation on service mark infringement,dilution behavior of well-known trademark and reverse counterfeiting. In thediscussion, the following research logic is followed: firstly, explore whether the acthas been included in the criminal regulation system and whether it should be includedin the criminal justice system; secondly, analyze the reasons for it should or shouldnot be included in the criminal justice system; finally proposed on how to regulatethese acts.Because the way the criminal law treats patent infringement is different from therest Intellectual Property rights, namely, the Criminal Law only identifies the conductof counterfeiting patent signs and documents while leave the other patentinfringement conduct without any criminal punishment. Therefore, Chapter IVdiscusses the necessity of patent infringement crimes.