On The Criminal Law Protection Of Trademark Rights In My Country

As an important part of intellectual property,trademark right plays a more and more important role in modern market economy,followed by the increasingly serious phenomenon of trademark infringement crime.At this time,it is particularly important to strengthen the criminal protection of trademark right.After more than 30 years of legislation and judicial interpretation,China has basically established a criminal law protection system for trademark rights.However,with the rapid development of modern market economy,the protection of trademark rights in criminal law has also been lagging behind.No matter in legislation or in judicial practice,there are more or less difficult problems.Therefore,trademark infringement crime has also become a hot issue in judicial practice.Although the criminal law protection of trademark rights in China has been constantly improved,there are still problems,so a correct understanding of the crime of infringing trademark rights is of great significance to protect the legitimate interests of trademark owners and promote the healthy development of the market economy.Based on the current situation of the criminal law protection of trademark rights in China,combined with practical cases,this paper reflects on the problems existing in the criminal law protection of trademark rights in China,and puts forward relevant suggestions to improve the criminal law protection of trademark rights.The paper is divided into three partsThe first part introduces the concepts of trademark,trademark right and trademark infringement,as well as the standards of trademark infringement.The second part: combined with the judicial documents of trademark infringement cases on the Chinese judicial documents network,it analyzes the current situation of the criminal protection of trademark rights in China and the existing problems.The third part: according to the defects in the criminal law protection of trademark rights in our country,put forward the corresponding improvement suggestions,which are mainly reflected in the following three aspects: first,improve the criminal constitution of trademark infringement crime;second,improve the criminal punishment of trademark infringement crime,including the scientific application of penalty and the addition of qualification punishment;third,increase the provisions of the criminal law protection of well-known trademarks.