| In the new economic era, intellectual property rights (IPR) is becoming more and more important in the competition of market economy for its major business value. In recent years, the crime of infringing IPR has intensified, with the highest percentage of infringing trademark rights crime. The task of punishing the crime of trademark infringement becomes more difficult for judicial authority, meanwhile the situation is more serious. How to crack down on the crime of infringing trademark rights comprehensively and efficiently, has become an important subject of IPR protection. Many scholars probe into how to punish the crime of infringing trademark rights purely from the perspective of theory. But this article studied the problem in judicial practice as the starting point. In the first part of the article, from the case type, year, region distribution, the criminal suspect, the domain trademark involving, prosecution, judgment, etc., infringement of trademark rights crime in Hefei from 2012 to 2014 has been investigated on the objective of the data statistics. In the second part, the writ analysis and summarizes five characteristics and the cause of the infringement of trademark rights crime cases in Hefei: One, the infringement of trademark rights crime cases take a outstanding proportion of the infringement of IPR cases, accounted for more than 98% of the total number; Two, fellowship in crime is widespread, and it is obvious that the crime develops in the direction of organization, industrialization; Three, the areas which trademarks involved in cases is widely, covering all aspects of social life, with the liquor trademark flying its own colors; Four, cases are difficult to investigate, and the rate of supplementary investigation and investigative organization to withdraw the transfer of the prosecution is relatively high; Five, the rate of probationary sentence and light punishment is high in judgments. In the third part, further study has been done of difficult and complex problems in the process of handling the infringement of trademark rights criminal cases:One is how to deal with "the same trademark", "the same kind of goods", trademark identified species in counterfeiting registered trademark case; Two is how to maintain the offender’s subjective knowing, the sales amount in network marketing, when handing crime of selling commodities bearing counterfeit registered trademarks; Three is how to determine the number of trademarks when dealing with case of illegal manufacture and sale registered trademark crime; Four is how to identify of common problems, such as the amount of illegal operations, product authenticity identification. Based on the current provisions of the laws, regulations and judicial interpretation, the author analyzes these issues one by one, puts forward her own views and corresponding effective solutions. In the fourth part, from the aspect of judicial practice on how to punish infringement of trademark rights crime, the writer puts forward some countermeasures and suggestions:One is to strengthen the cultivation of professional talent team, to promote the theoretical level and practical the personnel ability of handling the case; Two is to take the unity of arrest department and public prosecution department as working mode, for saving resources and improving the working efficiency; Three is strengthening the connection between administrative law enforcement and criminal justice, to solve cases transferred between administrative law enforcement organs and public security organs; Four is to establish a joint meeting system among the public security organs, people’s procuratorate and people’s court, for realizing the division of labor coordination and resource sharing among the three; Five is carrying out a cross-regional cooperation, deeply digging upstream and downstream crime, to cut off the profit chain. Through doing the research of Hefei infringement of trademark rights crime, the author attempts to provide certain reference for judicial practice. |
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