In Terms Of China Criminal Legislation Of Intellectual Property Rights

In recent years, Intellectual property protection for China's economic development has a strategic importance, infringement of intellectual property crime a serious threat to the stability and development of China's social and economic order, although the crime of infringement of intellectual property made a more detailed provisions, but related legislation there are still many shortcomings, which brought a lot to the judicial practice problems. How to improve the Intellectual Property Crime legislation became theory and practice of current hot topics. By analyzing and learning German criminal protection of intellectual property legislation and judicial practice experience,combined with China's criminal IPR legislation problems in order to put forward legislative proposals to improve the Intellectual Property Crime.This paper is divided into six parts:The first part is the introduction, this section describes the purpose and significance of the topic, research status in China and abroad and this article is wrote by using the research methods.The second part provides an overview of the crime of infringement of intellectual property rights, this section introduces the concept of Intellectual Property Crime,features and analyzes the trends of intellectual property crimes.The third part analyzes the current legislation and the legislative defect of intellectual property crimes, which is part of the criminal legislation on the basis of the status quo of copyright infringement, trademark, patent, trade secret are introduced based on the analysis of the Legislative Defects Intellectual Property Crime :legislative value orientation bias, disadvantages and other legislative mode.Part fourth examines the current legislation and judicial practice German criminal IPR protection, which part of the legislative history combed German intellectualproperty crime, summarizes the advantages of the German criminal IPR protection.Section five presents the Improvement of IP crime is envisaged that some of the major legislative value orientation, legislative model, developed three special Victims Protection Act and other start, and the corresponding recommendations to improve the legislation.Section sixth concludes that the part of the article summarizes, explains the research methods used in this paper, and pointed out the shortcomings of this article.