Study On Criminal Law Protection Of Network Trademark Rights

The network trademark right is a new form of the traditional trademark right that has evolved in line with the network age and the era of knowledge economy.As a new thing,it is common to encounter resistance at the beginning of its appearance.The implementation of trademark infringement and even crime through the network is a huge challenge for the protection of network trademark rights.This study starts from the characteristics of network trademark rights,analyzes the current basic behavior patterns of illegal crimes against network trademark rights,and puts forward the inadequacies of the current criminal law in the protection of network trademark rights based on the current criminal law protection of network trademark rights in our country.Then this paper compares and studies the criminal law protection of the extraterritorial network trademark right,and proposes some measures for the criminal law protection of the network trademark right in our country according to the characteristics of our country’s legislation and judiciary.The main contents of this study are as follows:In the preface of this paper:Firstly,this paper introduces the development of the network in our country.The prosperity of online commodity trading has promoted the rapid growth of the economy,and also provided some unscrupulous dealer with convenient criminal conditions.Among intellectual property crimes,the most crimes are about trademark rights,and the proportion of crimes committed by network technology in trademark crimes is gradually increasing.Secondly,after sorting out the current domestic and foreign theories on the protection of network trademark rights,it is concluded that:at the theoretical level,many countries have recognized the importance of criminal law protection of online trademark rights,but there is a lack of the systematic study on the criminal law protection of network trademark rights,and tthis paper intends to improve this phenomenon.then,the author introduces the research method of this paper,and finally puts forward the problems which this paper intends to solve,hoping to improve the criminal law protection system of network trademark rights.The first part:This paper sorts out the concept of online trademark right and the behavior of infringing online trademark right.Firstly,it defines the concept of online trademark right,which refers to the exclusive or exclusive rights enjoyed by the trademark owner to its registered trademark due to the development of digital network;secondly summarizes the characteristics of online trademark right;finally,introduces the current infringement five categories of behaviors of online trademark rights.The second part:Firstly,this paper introduces the current situation of criminal law protection of our country’s network trademark rights.There is no special legislation for trademark rights protection in our country,and the criminal law protection of network trademark rights is mainly reflected in criminal law.Secondly,in view of the current criminal law regulation of trademark rights in the network,the insufficiency of criminal legislation and the problems in the determination of crimes are raised.Finally,it expounds the necessity of perfecting the criminal law protection of network trademark right.The third part:Firstly,this paper sorts out the protection of online trademark rights in extraterritorial countries,and introduces them from the perspectives of common law countries and civil law countries;Secondly,clarify the differences between China and foreign countries in the protection of online trademark rights from the legislative model,the setting of charges and elements,and the scope of protection;Finally,put forward the enlightenment that our country can learn from them.The fourth part:This paper puts forward suggestions on improving the criminal law protection of our country’s network trademark rights from two aspects.On the one hand,it put forward certain propositions from the perspective of legislation:adopt a combined legislative model,expand the scope of protection of the existing criminal law,add new crimes,reasonably construct the criminalization standard,and set a statutory penalty with a balanced crime and punishment;On the other hand,at the level of criminal justice,the existing criminal laws and regulations should be better implemented by clarifying the identification of subjects of online trademark rights crime,improving the standards for objective behavior interpretation of online trademark rights crime,and improving the standards for determining the amount of online trademark rights crime.The conclusion part:This paper summarizes the idea of this paper,hoping that this paper can provide meager power to improve the current criminal law protection of Internet trademark rights.