On Criminal Law Protection Of China's Trademark Rights

As a symbol of national soft power,intellectual property rights are the most representative part of trademark rights.With the continuous improvement of the economic level of all countries in the world and the continuous improvement of the level of science and technology,the protection of trademark rights has gradually attracted attention worldwide.The law is the most effective means to guarantee the prosperity and prosperity of a country,and the criminal law is the most powerful weapon against various crimes.Criminal law plays a vital role in combating crimes of infringing trademark rights and stabilizing the socialist market economic order,and provides a powerful guarantee for strengthening the protection of trademark rights.After more than 30 years of legislative and judicial improvement,China has basically established a trademark law protection system that suits China's national conditions.However,there are still many deficiencies in the scope of protection of trademark rights and the allocation of penalties.This article firstly explains the necessity of strengthening the criminal law protection of trademark rights in the context of globalization by developing the concept of criminal law protection of trademark rights.Then introduced the current status of trademark infringement crimes.Through related tables,it can be seen more intuitively that trademark infringement crimes occur frequently in China,and the amount involved is huge,and it is directly and closely related to whether the economy is developed or not.In order to better and more targeted prevention of trademark crimes,the characteristics of current trademark infringement crimes in China are also analyzed.On this basis,the problems in the process of protecting trademark rights in China's criminal law are listed one by one,and through comparative research with relevant countries outside the region,the essence of their criminal law protection mechanism is absorbed.In keeping with the pace of China's social development,starting from practice,fully affirming the parts of China's criminal law that are worthy of continued use,discarding the parts that are out of touch with social development,and finally put forward relevant suggestions for improvement,in order to make China a commercial power keep trying.This article will be discussed separately from four chapters.The first part first makes a brief introduction to trademark rights to lay the tone for the full text.Putting the trademark and trademark right together,the comparison introduces the concepts of the two,their characteristics,and how they can be divided according to different standards.At the same time,it briefly analyzes the necessity of criminal law protection for trademarks in the current social environment,laying the foundation for the last chapter to propose amendments to the criminal law protection of trademark rights in China.The second part mainly analyzes the current status of China's trademark rights criminal law protection,and at the same time enumerates the existing policy deficiencies,the inadequacy of the criminal law's protection scope,and the deficiencies in criminal penalties in the protection oftrademark rights.In the second section,it analyzes the reasons for the rising crimes of trademark infringement in China,and lays the foundation for the fourth chapter to put forward relevant suggestions.The third part is an investigation of the criminal law protection mode of trademark rights in various countries.Introduced the criminal law protection of trademark rights in the United States,Japan and other countries,and explained the characteristics of criminal law regulations on trademark rights in different countries.Through comparative research,section III summarizes the legislative features of trademark law protection in various countries.The fourth part is mainly based on the reality of the criminal law protection of trademark rights in China,and puts forward some suggestions for the problems raised in the second part,in order to establish a more effective and more suitable trademark system for China's national conditions.