Strengthen On Criminal Law's Protection Of Trademark

Trademark is an important weapon between enterprises to compete,but also all enterprises through bit by bit continuous integrity of labor and accumulated results,for violations of trademark rights such as road robbery generally plundered the economic interests of enterprises,to enterprises and consumers Brought great damage.Infringement of trademark infringement is the highest proportion of all intellectual property crimes in crime,in Shanghai,for example,in 2016 the Shanghai Municipal People's Procuratorate issued by the Intellectual Property Procurator White Paper,2012 to 2015,Shanghai,which occurred in the case of intellectual property crimes The proportion of criminal cases in the sale of counterfeit registered trademarks is 80.5% of all cases of intellectual property crimes,and 85% of the cases in the prosecution cases.As a result,infringement of trademark infringement at all The proportion of intellectual property crimes is high.China is not the lack of new laws and regulations for the protection of trademarks,the protection of intellectual property rights for the legislative system from the trademark legal protection for the beginning,as early as 79 years in the criminal law will be defined trademark crime,the only offense is counterfeit registered trademark;The second stage is the 82-year "Trademark Law" promulgated,that is,began to use criminal law to protect the trademark means at the beginning of our country did not establish a complete system of intellectual property protection system;until the promulgation of the Regulations on the implementation of trademark law,The implementation of the Trademark Law and the expansion of the original scope for the protection of the trademark,from a separate offense to three different charges,that is,counterfeit registered trademark,selling counterfeit registered trademark goods,illegal manufacturing,illegal sales of registered trademark logo.Especially in the last few years,the state has always attached importance to the protection of intellectual property rights,that is,some such as "crackdown","severe sanctions" constantly greeted.Legal norms have been basically established,but the law in the implementation process is not completely strictly in accordance with the law,the crime of infringement of the low cost of crime,some lawless elements after the end of the sentence can quickly make a comeback,and sentenced to a fine or probation trademark crime case comparison,According to the Shanghai prosecution investigation found that the case has been found in 2015,more than 70% of the fine penalty,and the amount of fine is not high,the average amount of fines is only 2.939 million yuan,the maximum fine of 500,000 yuan.The purpose of the abuse of the trademark is to seek the interests of the crime,if the short-term punishment or probation,not a fine penalty as a penalty sentencing,to the perpetrators of deterrence and its ability to recite the ability to recite is very meager,it is difficult to really do To the crime and punishment to adapt.On the basis of the present situation of our country and the reference of some excellent experiences from abroad,the criminal law system of abuse of trademark acts in our country needs to strengthen the regulation of legislation and judicature.On the one hand,it is the criminal legislation,Object content and so need to strengthen,on the other hand is the criminal justice to improve the judicial process and the conviction and sentencing standardization and other aspects to be strengthened.