Trademark Rights Of The Criminal Law Protection In China

Trademark is an important part of the intellectual property rights. Trademark contains a huge economic value has become illegal and criminal targets. Given the potential of the infringement of trademark rights crime intensified, all countries in the world in strengthening the protection of trademark rights of the criminal law, it also illustrates the international countries are very pay attention to the use of a registered trademark of the criminal law protection. Some criminals’ behavior greatly harm the image of our country in the international community, also disturbed the normal order of socialist market economy in China. Our country criminal law protection of trademark rights after 30 years of legislative and judicial interpretation to modify and improve, constantly basic set up his own the trademark rights criminal law protection system. However, with the further development of the socialist market economy, the trademark rights criminal law protection system lag also gradually, both in terms of legislation, or in the judicial practice, have the problem of one kind or another. Therefore, trademark infringement crime is a hot issue in current judicial practice, along with our country to further open the market after China’s accession to the wto, infringement of trademark rights crime in the new situation. The trademark rights criminal law protection system in China is in the process of constantly improve, but still exist many problems, a correct understanding and deemed infringement of trademark rights crime for the protection of the legitimate interests of the trademark holder and promote the healthy development of the socialist market economy in our country has important significance.The topic of this paper is the theory of criminal law protection of trademark rights in our country. The full text is divided into four parts.The first part, introduces the concept of the trademark, the trademark rights and infringement of trademark rights crime, characteristics and types.The second part, the paper analyzes the representative countries of two law systems for protection of trademark rights of the criminal law stipulated in the substantive law.The third part, analyzes the present situation and the reflection of the trademark rights criminal law protection in China. For the status quo, from the regulation of the infringement of trademark rights crime in our criminal law, criminal constitutive requirements and legal system and the infringement of trademark rights three aspects has carried on the brief analysis of criminal justice, analysis on the problems existing among them.The fourth part, the paper analyzes the according to the reality of our country at present the trademark rights criminal law protection, aiming at the problems in the trademark rights criminal law protection, puts forward the countermeasures and Suggestions of perfecting our country’s trademark rights criminal law protection.