China’s Legislative Perfection Of The Criminal Protection Of Trademark Right In New Era

Since twenty-first Century,knowledge innovation plays a more and more important role in the development of economy and society.Strengthening the protection of intellectual property rights has become the inevitable choice of all countries in the world.As an important part of intellectual property,trademark right has also been strongly protected.However,as the social consciousness of intellectual property in our country is not strong and the protection mechanism is not perfect and other factors,result in illegal and criminal acts of infringement of trademark right happening frequently.That seriously disturbed the normal social economic order,and undermined our country’s business environment.Since our country revised the criminal law in 1997,the criminal protection of trademark right has little changed.However,over the past decade,China’s economic activities related to trademark increased significantly,and the forms of trademark became diversified.Seriously trademark infringement also varied,what far beyond the provisions of the criminal law.The current legislative perfection of the criminal protection of trademark right does not match the status of trademark in national strategies and the development of trademark.That results in short of legislative perfection of the criminal protection of trademark in the legislative ideas,legislative mode,the value orientation of protection,the scope of protection and penalty.This paper based on the criminal protection of trademark right in our country as the theme,research and analysis of the criminal protection mechanism and the implementation of that in our country,analysis of the defect of criminal protection of trademark right in our country in the legislative concept,the scope of protection,punishment and other means,further study and learn other countries’ legislation of international trademark protection,and put forward to improve the criminal protection of trademark right of China.This paper consists of three parts.Chapter one,an overview of criminal protection of trademark right.This chapter introduces the evolution of the concept of trademark in China’s law,the connotation of trademark right and the necessary terms of crime of trademark infringement.The second chapter,lack of China’s criminal protection of trademark right in new era.This chapter analyzes the development of the use of trademark and trademark infringement,and the lack of legislative perfection of the criminal protection of trademark in the legislative ideas,legislative mode,the value orientation of protection,the scope of protection and penalty,in the new situation of social and economic development.The third chapter,legislative perfection of the criminal protection of trademark right.Analysis the legislative experience of the criminal protection for trademark right of the common law,civil law, international law and the enlightenment to our country,and then proposed suggestions including improve the limited protection legislation idea,improve legislation mode in combining the criminal law and accessory criminal law,emphasis on protecting rights and interests of victim,expand the scope of trademark protection,improve the constitution of crime and punishment,to improve the criminal protection of trademark.