On The Criminal Punishability Of Counterfeiting Certification Trademark

The number of China's intellectual property criminal cases is relatively small in the criminal cases.The author believes that the reason for this situation is not that there are few intellectual property violations in China,the essential reason is that the provisions of the Criminal Law on intellectual property crimes are narrow in their scope of application and many intellectual property violations are difficult to be Evaluate as a criminal act.At the same time,in practice,there is a deviation in the understanding of the provisions of intellectual property crimes by the judicial department,which also leads to a part of intellectual property crimes being treated as innocent,or even failing to enter the criminal justice stage at all.On December 11,2001,China officially became a member of the World Trade Organization(WTO).In order to meet the special requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights in the criminal protection of trademarks,and to improve the insufficient punishment of intellectual property crimes in China,the author believes that a breakthrough can be made from trademark crimes.In addition,in China's judicial practice,intellectual property crime cases are mainly concentrated in the field of trademark crime.Trademark crime belongs to the cross field of Criminal Law and Trademark Law,which is affected by two laws and relevant laws and regulations.Among them,the crime of counterfeiting the registered trademark is one of the most important crimes.However,due to the objective defects in the connection between the Criminal Law and the Trademark Law,there are some disputes about whether the acts of counterfeiting Service Trademark,Certification Trademark and Collective Trademark can be regulated.This article will combine the above laws and regulations to demonstrate the criminal punishability of counterfeiting certification trademark.In addition to the foreword and conclusion,this paper is divided into five chapters.Chapter One mainly introduces what is the behavior of counterfeiting certification trademark,analyzes its definition,relevant legislative process and behavior nature,clarifies the basic concepts of this study,and points out the legislative changes and defects of these issues.Chapter Two mainly analyzes the criminal punishability of counterfeiting of certification trademark from the substantive level and proves that it is quite harmful to the society.Crime refers to all the acts that harm the society and should be punished for violating the Criminal Law.The premise of establishing a crime is that it has or may have certain social harmfulness.As far as the act of counterfeiting the certification trademark is concerned,if we want to punish it as the crime of counterfeiting the registered trademark,we need that the act has the same social harmfulness as the crime.Chapter Three and Chapter Four mainly analyze the criminal punishability of the act of counterfeiting certification trademark from the formal level.Because there are less disputes on the subject,the subjective and the object of the act on the basis of the previous discussion,it will mainly demonstrate that it can meet the objective aspect of the crime of counterfeiting the registered trademark.Among them,Chapter Three mainly analyzes that the proof trademark can belong to the crime of counterfeiting the registered trademark,and Chapter Four mainly analyzes that the counterfeiting of certification trademark can conform to the behavior mode of the crime of counterfeiting the registered trademark.In Chapter Five,on the basis of recognizing the criminal punishability of counterfeiting certification trademark,the author demonstrates how to identify the circumstances.As for the way of determining the circumstances,the author believes that it should be determined according to the current judicial interpretation of the crime of counterfeiting the registered trademark,combined with the characteristics of the behavior of counterfeiting certification trademark.