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1、Criminal Law on the Protection of Intellectual Property Rights Summary: With the socio-economic activities in the development and changes in the status and role of intellectual property become more and more important. Criminal law protection of intellectual property rights has attracted extra attent
2、ion to countries and regions of the world. I believe that strengthening the criminal law of intellectual property rights protection is not only by the criminal law itself has features characteristic of severe criminal sanctions determined, but also contemporary social scientific and technological de
3、velopment and economic progress, an inevitable requirement, and on behalf of the international community to the development of a common trend. Chinas IPR crimes relating to criminal legislation of using penal provisions of the Penal Code and subsidiary legislation combined model, this model legislat
4、ion in line with the inherent characteristics of criminal IPR infringement. This paper specifically for infringement of intellectual property rights and characteristics of the concept of crime was a specific analysis. Keywords: intellectual property legislative basis for criminal legislation, the le
5、gal characteristics of the legislative model of With the continuous development of Chinas social and economic changes, intellectual property rights in the socio-economic activities become increasingly more important position and role. At the same time, we should pay attention to an important social
6、issues and phenomena, that is, intellectual property-related crimes are getting worse and increased. With the development of intellectual property crime, the status quo, how to strengthen the criminal law of intellectual property rights protection, and through the improvement of criminal legislation
7、 to severely punish crimes against intellectual property has become in the future as well as criminal law theory and judicial practice in a hot topic. 1, intellectual property crime based on criminal legislation (A) The concept and scope of intellectual property rights The term intellectual property
8、 rights stems from 18th century Germany. So far, theory and practice as well as international conventions and other countries and regions of the world relevant legislation, in regard to the connotation and extension of intellectual property is still no uniform understanding of and specific provision
9、s. Overall, there is a narrow sense, and the generalized that distinction. Narrowly defined intellectual property rights, refers to the citizens, legal persons or other social organizations created the intellectual basis of the outcome of labor enjoyed exclusive rights, including industrial property
10、 rights and copyright. Industrial property includes patents, trademarks, the right to prohibit unfair competition, etc.; Copyright (copyright) will include the rights of authors and disseminators of the right. A broad intellectual property refers to the citizens, legal persons or other social organi
11、zation based on the law, all the achievements of their intellectual creation and the business credibility of the rights. According to the establishment of the WIPO Convention, the provisions of article 2 of the broad intellectual property rights include the following rights: (1) and the literary, ar
12、tistic and scientific works related rights (royalties); (2) and performing artists, performances, sound recording and broadcasting rights (neighboring rights); (3) and the human creative activity in all areas relating to the rights of the invention (patent inventions, utility models and non-patent i
13、nvention rights); (4) and the scientific discoveries related to rights; (5) and industrial design-related rights; (6) and the trade-marks, service marks, trade names and other business marks related rights; (7) and the suppression of unfair competition-related rights; (8) all the other from the indu
14、strial, scientific and literary arts activities in the field of intellectual creation arising from the right. According to Chinas Copyright Law, Patent Law and other relevant intellectual property law, Chinas intellectual property rights also include copyright, neighboring rights, patents, found tha
15、t the right to inventions and other scientific and technological achievements, trademarks and the prohibition of unfair the right to compete and so on. As the world economic integration, development and the advent of the new technological revolution, the intellectual property system has undergone gr
16、eat changes. Especially in recent years, in the jurisdiction of the World Trade Organization, intellectual property has become a trade in goods, trade in services, one of the three pillars of equal importance as an international economic order, the strategic high ground and become a national focus o
17、f intense competition. But the state through legal protection of intellectual property, its fundamental purpose is to promote scientific and technological progress and development, to revitalize the national economy, and to protect the public interest of society. (B) the protection of intellectual p
18、roperty legis Criminal Law National legal protection systems are generally civil, administrative, criminal protection system, and in the way these protections, criminal law, efforts to protect the greatest and the most deterrent. For the legal protection of intellectual property should include the p
19、rotection of criminal law, on this issue, in a longer period of time theoretically controversial. I think that the criminal law of intellectual property protection is absolutely necessary for the following reasons: First of all, emphasizing the protection of intellectual property rights of the crimi
20、nal law is itself a function of criminal law decisions. Analysis of world countries and regions in the course of the emergence and development of intellectual property rights, a fact no doubt that intellectual property rights and the law on the protection of intellectual property rights is closely l
21、inked and inseparable. To use legal means to protect intellectual property rights should be comprehensive, the copyright law, patent law and other intellectual property issues specifically related to civil, administrative and other laws and regulations to develop and perfect of course important, but
22、 at the same time, improve the criminal law provisions not be overlooked. It should be noted, the Penal Code arising from its beginning, with a strong social protection. Any act as long as the violation of the criminal law to protect the national, social, or personal interests, the state shall be he
23、ld accountable as to punishment and crime prevention. Criminal Law is already against the national, social or personal interest penalties for criminal acts to be punished in order to protect the national, social or personal interests, maintain social order, and reflects the function of criminal law
24、to protect the original reason for existence. From the criminal legislation and criminal justice point of view, to strengthen the phenomenon of criminal IPR infringement crime, regulation and judicial intervention becomes necessary. If not, can not form a more complete control system, it has emerged
25、 and there is not enough to stop getting worse, a violation of intellectual property rights violations and prevent its further spread. Thus, for those serious violations of the legitimate rights and interests of intellectual property rights and undermine the countrys normal management of intellectua
26、l property by criminal means to protect the behavior solely by the function of criminal law itself has determined. Second, emphasizing the protection of intellectual property rights of the criminal law is a characteristic of severe criminal sanctions by the decision. Using legal means to protect int
27、ellectual property rights related activities, the state sanctions the way illegal and criminal acts in general, including administrative sanctions, civil sanctions and criminal sanctions. The way these legal sanctions, criminal law is the most severe sanction is also the most criminals as a deterren
28、t sanctions. Because the criminal law is the legal departments of other relief and guarantee for safeguarding national interests, social interests and the interests of the citizens of the final relief and safeguards. Therefore, we believe that the field of criminal law is the regulation of intellect
29、ual property legal system in a part of criminal sanction is the most severe legal sanctions against a kind of harsh criminal sanctions for its unique intellectual property involved in the field of legal regulation system, and play other legal sanction of the irreplaceable role. Once again, stressed
30、that the criminal law of intellectual property protection is contemporary social science and technology development and economic progress, an inevitable requirement. It is precisely because of intellectual property and technology development and economic progress is closely linked, if intellectual p
31、roperty violations, it will definitely affect and hinder the social sciences and technological development and national economic progress. On the surface, despite the intellectual property belongs to a private rights, but for the so-called private rights violations may also lead to social harm, but
32、also such social harm may have reached a certain level of a crime, because no matter is a direct violation of personal interests of the public interest or direct violations of social behavior, have social harm, and may reach serious proportions. From this analysis, we can clearly see that in the beh
33、avior of the degree of social harm this point, intellectual property infringements and other violations of criminal law, acts not only can the same property, but also has a wide range of subjects infringement and infringement, as well as wide a geographical basis hidden forms of infringement and so
34、on. Acts of infringement of intellectual property that is equally likely to have serious social harm, therefore, strengthen the criminal law protection of intellectual property should have a considerable degree of urgency. Only by strengthening the strong protection of intellectual property rights i
35、n order to mobilize people to create a positive, promote their further scientific research, enrich peoples material and spiritual life. Thus, the Criminal Code means to protect intellectual property rights, and promoting scientific and technological development and economic progress. From this analy
36、sis, in contemporary society, emphasis on the legal protection of intellectual property rights is certainly very important, but in these legal protections, we should not ignore the criminal law related to protection, but should the criminal law of intellectual property protection as an important leg
37、al protection of one part to be treated. Second, the legislative pattern of criminal IPR infringement crimes (A) infringes the intellectual property rights of crime pattern classification of criminal legislation Looking at the worlds countries and regions of legislation related to IPR infringement c
38、rime patterns can be divided into five types: first, the Criminal Code stereotypes. This refers to the use of torture state crimes code related to infringement of intellectual property rights to be provided for, that counts of violations of intellectual property rights crimes and Statutory Sentence
39、is to be expressly provided the provisions of the Criminal Code. Second, the special criminal stereotypes. This refers to the special provisions of the Criminal Code in the form of specialized intellectual property rights infringement crimes counts and Legal Sentence. Third, the subsidiary of crimin
40、al stereotypes. This refers to other non-criminal law provides for criminal IPR infringement, and Statutory Sentence counts, that is in the relevant laws and regulations concerning intellectual property rights, with the proviso that the charges against criminal IPR infringement and its Legal Sentenc
41、e. Fourth, the Criminal Code and a subsidiary of combined criminal law. This refers to the provisions of criminal IPR infringement in addition to specific provisions relating to intellectual property laws and regulations, but also by the corresponding provisions of the Criminal Code provisions. Fift
42、h, in particular the criminal law and criminal law sub-bound. This refers to the provisions of infringement of intellectual property rights crimes. Apart from the specific provisions relating to intellectual property laws and regulations, but also by a number of single-line some of them criminal law
43、 specifically provides for infringement of intellectual property rights crimes. On IPR infringement crimes relating to the above analysis of the legislative model, we can find a variety of legislative models all have certain characteristics, is difficult to say who is superior to the other. Many cou
44、ntries, legislation relating to intellectual property rights infringement crimes is not a static model, with the developments in the field of intellectual property, with the increase in types of intellectual property rights infringement crimes and peoples heightened awareness of intellectual propert
45、y protection, the infringement of intellectual property rights crimes legislation patterns are also changing. (B) the status quo of Chinas intellectual property crime legislation and mode of In China in 1979, Criminal Law in intellectual property crime is only provided for the crime of counterfeitin
46、g of trademarks (Article 127) 1, and the scope of protection of trademark rights is also very narrow, limited to industrial and commercial enterprises registered trademark counterfeiting of others. This is clearly in the protection of intellectual property as a whole is still very backward condition
47、s of the product. With the progressive importance of intellectual property protection, as well as acts of infringement of intellectual property practice, the diversification of the objective need to further expand the scope of protection of intellectual property rights of the criminal. Chinas 1997 C
48、riminal Law Chapter III of the destruction of the socialist market economic order established a special section focused on the crime of infringement of intellectual property rights provisions of the crime, which undoubtedly changes the criminal legislation of intellectual property rights are more sc
49、attered, messy, non-system, incomplete state, and thus for knowledge Property crime in all areas to make a more comprehensive and systematic provisions. In this regard, I think, our new Criminal Law these provisions of the protection of intellectual property has been basically established the criminal legal system. While Chinas criminal IPR infringement crimes has already made a systematic, comprehensive provision
