A Comparative Study Of Trademark Crimes Across The Taiwan Straits

For the first time in 1979 the "Criminal Law of the People's Republic of China" in the criminal protection of trademark rights, namely the crime of counterfeiting trademarks. In view of the trademark legal system in the mainland of China formally established the time is short, in the era of knowledge economy, using means of criminal legal relationship of the trademark rights to adjust at present in the mainland is still not mature and perfect. Across the Taiwan Strait in the legal culture of the same clan homologous, but in Taiwan in the criminal protection of trademark rights than the mainland tends to be more complete and normative. The to the criminal legislation of trademark rights on both sides of the Taiwan Straits and relevant theories and judicial practice as the research object, in order to solve the problems existing in the mainland criminal protection of trademark rights is the goal of the research.Firstly, combed the cross-strait trademark rights criminal activity legislation idea, combing found:on both sides of the Taiwan Straits reason is the protection of trademark rights in criminal legislation development process is different, the choice of legislation mode has different and protection of trademark categories is not consistent of, study its nature is because China's Taiwan region to select the right as the standard and the mainland choose to order for the legislative value of priority.Secondly, combined with criminal legislation of Taiwan area of our country, based on the judicial practice in the mainland, discussed the problems existed in domestic brand in the objective aspect of the crime, study found that:China to the crime of the crime of counterfeiting registered trademarks of "the same trademark", "in a commodity with use and sale of counterfeit trademark goods" sales "identified, there are still ambiguous phenomenon. In the information network era, the trademark in cyberspace is also in urgent need of the protection of the criminal law.Then starting from the basic theory of law, combined with judicial interpretation, judicial practice and Taiwan area of our country's criminal legislation, interpretation of the mainland trademark crime in subjective cognizance of doubts, found in the interpretation:counterfeit registered trademark crime of intentional can only be direct intention, and this crime don't need for the purpose of profit. But the crime of selling counterfeit registered trademarks of "knowing" is regarded, as "possibility" cognition is more appropriate.In addition, criminal liability of trademark crime on both sides of the Taiwan Straits were discussed, and the study found that:"serious" is the mainland registered trademark crime conviction plots, and if the circumstances are especially serious "is not the impact of crime sentencing, in certain circumstances, circumstances for ad judgment can also regarded as circumstances of sentencing. When compared with both sides of the Strait in the crime of trademark accusation and legal punishment configuration, can be obtained in the mainland criminal law still needs to improve the reasonable conclusion.Finally, in all aspects of cross strait trademark crime criminal activity legislation analysis based, based on in mainland trademark development based on specific reality, China's Taiwan region and foreign countries outstanding legislative experience for reference, according to mainland trademark criminal legislation, the existence of defects, puts forward corresponding suggestions on the inland to perfect the criminal protection of trademark rights, that is, to improve the legislative mode, expand the scope of protection of the crime of trademark infringement, reasonable determination of the subjective aspect of the crime of trademark, add, refine charges set system and rational allocation of trademark crime penalty.