Research On The Criminal Protection Problems Of Intellectual Property

This is an article on the protection of intellectual property in China's criminal law,its purpose is to learn from foreign advanced experience and standard of criminal protection of intellectual property.And combined with the specific provisions on the crime of infringing intellectual property law in China at the present stage,clear the shortage of our country criminal legislation of intellectual property.From different perspectives and standards,to perfect the criminal law protection of intellectual property in China.Intellectual property as a short history of civil rights in contemporary society has attracted more and more attention,which has all the characteristics of the "invisible" also determines its dependence on Legal Protection.The criminal law protection as punishment for the most stringent laws,has the strongest deterrent,plays an important role in the protection of intellectual property system.The criminal law protection of intellectual property appeard late in China,and it had a rapid development in 80 s,90s.The first crime is the crime of counterfeiting trademarks,stipulated in 79 crimianl law.Then,many separate criminal law norms was made.In the 97 criminal law,there are 7 kinds of Intellectual property crime.But compared with the United States and other developed countries,the gap is still large.The United States as the world's only superpower,the protection of intellectual property is relatively perfect,the protection of intellectual property experienced from a centered on civil law,converted to criminal with the center.In the United States continue to improve the criminal legislation of intellectual property,intellectual property of the criminal legislation mode in a flexible way,from the point and a step by step to form a complete system,there are many available for our reference the experience of legislation and legislative technology.At the same time,in this process,the protection and punishment strength,also will continue to strengthen.In the world,the criminal protection of intellectual property has become a trend,"the trade related intellectual property(TRIPS)" set the minimum standards of criminal law protection of intellectual property.China joined WTO in 2001,to comply with the TRIPS agreement is a duty in China,but China's criminal legislation on issues such as the threshold,the scope of protection is not in place.Our society has entered to innovation as the driving force of economic development of the "knowledge economy era",the increasing demand for intellectual property protection.But the provisions of the relevant intellectual property crime in the criminal law in 97 years of development,can not meet the growing demand of protection.By comparing the American criminal law and intellectual property,Combined with the minimum standards of criminal law protection in TRIPS agreement,there are 4 problems in the intellectual property of criminal law in our country,namely,the legislative mode is too concentrated,the value orientation is biased,the scope of protection is too narrow and the high standard of conviction.According to the basic situation of our country,in order to solve the above problems,put forward some relevant measures.Through these measures,hoping to promote the development of criminal law protection of intellectual property in China,improve the level of protection of intellectual property and socialist market economic order.Maximize the role of intellectual property system is the ultimate goal.