Study On The Problem Of The Amount Of Intellectual Property Crime

Innovation is the soul of a nation’s progress and an inexhaustible motive force of a country’ prosperity.21st century is a knowledge economy age. Intellectual property right has not only become a major driving force for economic development but also become an important part of overall national strength. Intellectual property right is practical and it has important economic value. It can help right men built a huge competitive advantage so as to bring considerable economic benefits. However, due to the unique intangibility, reproducibility and other characteristics, it has brought tremendous obstacles to legal protection. Besides, the protection of the civil law, administrative law and other law are limited, and the demand of intellectual property rights protection offered by intellectual property rights holders is becoming higher. So the use of criminal measures to protect Intellectual Property Rights have been adopted by more and more countries.Since the reform and opening up, China attaches more and more importance to Intellectual Property Rights. In 1997, Criminal Law, Chapter III, Section VII regularizes a formal "Intellectual Property Rights Crime", establishing criminal protection of Intellectual Property Rights initially. However, with the further development of the reform and opening up and enrich of social practice, our criminal protection of Intellectual Property Rights is lagging behind the needs of society. Particularly, there are many problems and controversy about Intellectual Property Rights criminal offence related to the amount. In view of this, the author decide to explore and analyze the Intellectual Property Rights system from the aspect of the amount, trying to straighten out the contradictions in the judicial practice, which will bring a certain reference and guidance to judicial practice.On the basic of Intellectual Property Rights criminal clause in "Criminal Law" combined with corresponding judicial interpretation and case, the author interpret the provisions about Intellectual Property Rights crime in existing legislation, analyze the various contradictions and shortcomings, reflect on the unreasonable aspects of the existing Intellectual Property Rights protection system. And also on the basic of careful thought and combination with relevant case, put forward my own views. The article is divided into four parts, briefly as follows:Chapter 1 is a basic theory of Intellectual Property Rights crimes. First, sort out the definition of Intellectual Property Rights criminal law simply, and describe the characteristics of Intellectual Property Rights crimes from the angles of the object, objective aspect, subject and subjective aspects. Then summarize the current judicial status of the Intellectual Property Rights crime, and finally focus on the legislative status of Intellectual Property Rights crime.Chapter 2 is about categories of Intellectual Property Rights crime amount. Firstly, the amount type of Intellectual Property Rights crime is divided into illegal business amount, sale amount, illegal income amount, loss amount and other amounts interpreted by judicatory.Secondly, basic of the various amount types definition, combined with appropriate cases, this article compares and analyzes the main applied scene of different amount types, further sort out various theory of amount classification and the existing shortcomings. Finally, this article summarize the different kinds of problems existing in theory and judicial practice, and put forward the author’s views and opinions after serious thought.