Research On The Criminal Protection System Of Intellectual Property Right Under TPP

From the social and economic development at the current stage,with China's accession to the world trade organization,the mode of economic globalization has exerted an important influence on the economic development of our country,in this process,with the signing of the TPP agreement,the application of criminal protection system of intellectual property rights,has become an important issue that must be considered at this stage of China's intellectual property law construction the.The maintenance of intellectual property rights,by civil and administrative means,has been unable to meet the actual needs,we must strengthen legislation to improve the current stage of the criminal protection of intellectual property rights system to solve the problem.At the same time,the TPP agreement signed,to China's foreign economic development has brought important influence.TPP agreement,the"economic NATO",is a member of the Asia Pacific Economic Cooperation Conference in New Zealand,Singapore,Chile and Brunei four countries launched.TPP protocol greatly affected the economic development in the Asia Pacific region,the number of countries to join the TPP agreement is increasing.In November 2011,Japan joined the organization,in September 2013,South Korea joined the organization.Although China did not join the TPP agreement,but the signing of the TPP agreement,China's economic development has brought a huge impact.Influenced by the TPP agreement,the construction of the criminal protection system of intellectual property rights in the process of China's economic development is particularly important for safeguarding the interests of our country's enterprises.TPP agreement on the protection of intellectual property rights,led by the United States,the scope of intellectual property protection has been expanded,the protection of intellectual property standards have also been significantly improved.Based on this point of view,China's grasp of the TPP intellectual property rights of criminal protection system,strengthen the protection of intellectual property rights legislation,The influence of the TPP,to adapt to the future of our country is of great significance.In this paper,under the background of the TPP system of criminal protection of intellectual property rights question research,the attention based on the background of the TPP negotiations,about criminal protection system of intellectual property rights in China carried on the thorough analysis and research.First,analyzed the system of criminal protection of intellectual property rights the TPP formulation background,and then compared with TRPIS agreement on criminal protection system in the TPP agreement of major change has carried on the concrete elaboration;Second,in the process of research,the criminal system of intellectual property rights in China at present stage on the analysis of current situation of the development,pay attention to from the criminal law,the criminal protection of intellectual property system,after joining the wto intellectual property rights of the development process of the system of criminal challenge,the present problems existing in the protection of intellectual property rights,etc.,to the question to explore;Again,in combination with the TPP agreement,intellectual property rights of our country criminal system,analyses the differences and reasons based on an analysis of the case law standard of their own problems,conviction,concept differences,is criminal protection system of intellectual property rights in China and the main factors of differences between TPP agreement;Finally,for the TPP under the background of the problems existing in the criminal system of intellectual property rights in China,puts forward the corresponding perfecting suggestion,pay attention to the additional intellectual property crimes,the penalty structure adjustment and clear conviction standard,we should improve judicial proceedings and to promote the development of the criminal system of intellectual property rights in China.