A Research On Criminal Regulations Of Trademark Infringements In Network

E-business has become one of the most important ways of trading since theInternet is developing so quickly. E-business makes trading more easily, and productsabundantly. But new trading form must come into being new kinds of problem. Thevirtuality and abstractness of network makes consumers cannot identify theauthenticity of products by the observation of the object, which offers some dishonestmerchant an opportunity to confuse the consumers by selling fake and shoddy goods.It also makes it is harder to safeguard the legal right of the trademark owners. As thenetwork trademark infringement is getting more serious and complicated, thetraditional trademark legal system has been difficult to protect the trademark rightsunder the network environment. It is advisable to promote the network trademarkcriminal legislation to punish trademark infringement. A perfect system ofpunishment can both overawe lawbreaker and protect the right of trademark owner,and it also can improve the environment of E-business.The main analytical methods of this paper are comparative analysis, documentanalysis and instance analysis. By analyzing the type, current situation and harm ofthe network trademark infringement, we can find the insufficient of current civilsubstantive law system, criminal substantive law system and procedural law onprotecting network trademark. This paper focuses on the criminal law regulation ofnetwork trademark infringement, so we must study the criminological analysis ofnetwork trademark infringement first, which means we should study the criminalphenomenon, criminal causes and crime prediction of network trademarkinfringement to make sure it conforms to the popular theory of criminology on theoryof criminal law. Second, this paper tries to find out whether network trademarkinfringement behavior constitutes a crime or not base on four elements crimeconstitution theory which are subject of crime, subjective aspect of crime, criminalobject and objective aspect of crime. If network trademark infringement constitutes acrime, we should also consider the propriety of Criminal’s interference and extent the interference to the network trademark infringement.Regulation of this kind of crime, we must uphold some principles to make surethat criminal regulation does play function on the behavior of network trademarkinfringement appropriately. There are three principles we discuss in this paper, whichare modesty principle, the principle of equity interest and timely principle.The theories above we will talk about in this paper mainly serve theestablishment of criminal protection system of trademark right on the background ofthe national management modernization. In this paper, we start with building criminallegislation and complete the relevant criminal justice system, and study how toconsummate the stipulations of network trademark infringement in our currentcriminal law system. On criminal legislation, we suggest to add some more articles tothe current Criminal, to highlight the criminal features of network trademarkinfringement and consummate the protection of criminal system. We suggest to takejudicial explanations, to strengthen the international judicial cooperation and toimprove the network technology knowledge of investigators to build the legal systemof network trademark infringement criminal.Combine the theory with practice, we believe that we use Criminal Law tostipulate network trademark infringement is necessary and also reasonable. On thepremise of the rule of law, we must consider the appropriateness of the regulation ofnetwork trademark infringement. Only when the civil law and administrative meanscannot have enough deterrent to the criminal, then the Criminal Law should play arole in the regulation.