Research On Judicial Appraisal Of Criminal Cases Of Intellectual Property

Protecting intellectual property is an inevitable requirement for promoting national economic construction and development.Therefore,how to strengthen the criminal protection of intellectual property has become the focus of social and academic circles.More and more judicial practice shows that the problems in the judicial appraisal of intellectual property criminal cases are increasingly hindering the road of intellectual property protection.Meanwhile,many vacancies remain in the legislation for the judicial appraisal of intellectual property criminal cases,and there is still room for academic research on related issues to go deeper.Thus,this paper focuses on the judicial appraisal of intellectual property criminal cases.Through data statistics,case analysis,and literature analysis methods,this paper studies the problems existing in the practice of intellectual property criminal judicial appraisal.Meanwhile,this paper analyzes and explores the causes,finally proposing solutions to problems related to intellectual property criminal judicial appraisal.This article is divided into four parts:The first part gives an overview of the judicial appraisal situation of intellectual property criminal cases.At present,the proportion of intellectual property judicial appraisal in the overall judicial appraisal business is relatively low,but the applicability rate in intellectual property criminal cases is rather high,since judicial appraisal activities exist in almost all intellectual property criminal cases.The content of intellectual property criminal judicial appraisal can be divided into the appraisal of “quality” and “quantity”.In these two major categories,the appraisal of illegal business amount and qualitative appraisal of trade secrets is the hot spot and focus of intellectual property criminal judicial appraisal.However,for the judicial appraisal activities that are common in criminal cases of intellectual property rights,the defendants and their defenders have raised many objections.The object of their objections is also concentrated on the appraisal of illegal business amount and the qualitative appraisal of trade secrets.The second part illustrates the main problems in intellectual property criminal cases judicial appraisal.These problems exist in several key elements,such as the appraisal subject,the appraisal process,and the appraisal opinion examination.It has seriously affected the effect of intellectual property judicial appraisal and the testimony of appraisal opinions.Specifically,these problems mainly include four points: first,it is difficult to implement the launching condition of the illegal business amount appraisal;second,the process of illegal business amount appraisal is inconsistent;third,the qualitative appraisal of trade secrets is insufficient;fourth,the objectivity of the subject of intellectual property appraisal is susceptible.The third part analyzes problems in intellectual property criminal case judicial appraisal,and explores causes for the problems.After summarizing and analyzing,it can be found that the cause of the problem can be mainly attributed to two aspects: one is the lack of institutional norms,and the other is that the behavioral subject fails to follow the norms for various reasons.Specifically,the causes include the following five points: first,the legislative norms related to intellectual property judicial appraisal are crude;second,the intellectual property judicial appraisal and supervision mechanism is imperfect;third,the investigators of intellectual property criminal cases prefer using the judicial appraisal to relieve the pressure of handling cases;fourth,the intellectual property appraisers are lack of professional qualification;fifth,it is difficult for judges to effectively review intellectual property appraisal opinions.The fourth part tries to explore ways to solve the above problems through the system construction and perfection of norms,based on the reasons leading to the problems in the judicial appraisal of intellectual property criminal cases.Specifically,there are four main ways to break through these dilemmas: first,to refine and improve the operational norms of intellectual property judicial appraisal;second,to enhance the participation of expert assistants in criminal cases of intellectual property rights;third,to change the concept of “appraisal comes first” held by the appraisers of intellectual property criminal cases;fourth,strengthening intellectual property judicial appraisal supervision mechanism.