Perfection On Conviction Standard Of The Crimes Against The Intellectual Property Rights

The conviction standard of the crimes against the intellectual property rights is the core issue to determine whether the crime constituted.As the last line of defense to protect intellectual property rights, to perfect our conviction standard of the crimes against the intellectual property rights plays an important role for the criminal protection of intellectual property rights and the development of the future. This article elaborates our country’s legislation and judicial interpretation about the crimes against the intellectual property rights, and analyzes the existing problems, and clear the great significance of lowering the conviction standard of the crimes against the intellectual property rights.Then enumerates the foreign laws and international treaties on the conviction standard of the crimes against the intellectual property rights,which have more features, and could be learned by our courty. Finally,to improve the recommendations about how to perfect the conviction standard.This article is divided into three parts.The first part mainly analyzes the necessity of perfect our conviction standard of the crimes against the intellectual property rights.Firstly, introduces the current legislation of the crimes against the intellectual property rights,and analyzes the shortcomings of the existing legislation.So,we could conclude that our conviction standard of the crimes against the intellectual property rights is much more higher. It should be appropriately reduced.At last, expounds the sense to lower the conviction standard of the crimes against the intellectual property rights.The second part mainly analyzes the foreign laws and international treaties on the current legislation about the conviction standard of the crimes against the intellectual property rights.The relevant legislative provisions mainly from the United States, the European Union and the TRIPs agreement.Through the analysis and comparison,we can draw the conclusion that the criminal protection of intellectual property rights abroad started early and constantly improve the legislation,that making the conviction standard of the crimes against the intellectual property rights is lower than China.We should learn the perspectives of legislative idea and legislative mode from foreign advanced legislative cases,in order to perfect China’s conviction standard of the crimes against the intellectual property rights.The third part is mainly about how to improve the conviction standard of the crimes against the intellectual property rights in our country, and throws out some feasibility suggestions. Based on the analysis and comparison of related research above for the shortcomings of the conviction standard of the crimes against the intellectual property rights in our country.we concludes that our country should perfect in which the conviction standard of the crimes against the intellectual property rights, and suggestions are put forward.modify the provisions of the crime constitution,behavioral offense instead of consequential offense;To investigate the form of attempted crimes of against the intellectual property rights;Modify some facts about a crime, abolish the "for-profit" restrictions,etc.