A Comparison Study On The Criminal Protection Of The Sino-us Trademark Rights Legislation

As an important part of the intellectual property right,trademark right is strongly protected by all countries in the world.However,as a result of the weak social awareness of people in the protection of intellectual property rights and imperfect protection mechanism,it frequent causes violations of trademark right and seriously interferes with the socialist economic order.This article will focus on the perfection of legislation on China's trademark criminal protection,which will be about the study in the protection of trademark right between China and the United States comparatively.The main content is about the aspect of value foundation,penalty allocation structure,crime constitution,sentencing rules and scope of criminal protection.This study wants to find the some flaws of the criminal protection of trademark right in our country through the comparative,and provides some suggestions for improving the criminal protection of trademark right in our country.The first chapter of this article explains the purpose and the significance of the research.In this part,it can also find the theoretical basis and research logic through the literature research.The second chapter mainly expounds the legislative evolution of criminal protection of trademark right in the two countries.The third chapter is about the comparison between China and the United States on specific provisions of the basis of value,penalty allocation structure,crime constitution,sentencing rules and scope of criminal protection.The last chapter is divided into two parts.In the first part,it summarizes the defects and deficiencies about the criminal protection of our country's trademark rights.In the second part,it puts forward five legislative proposals.The main content is about adjusting the orientation of the value of the legislation,increasing the scope of employment prohibition,including the registered service marks in the scope of criminal law protection,adjusting the setting of the imprisonment and strengthening the fine of penalty.