The Perfection of Chinese Criminal Legislation of Intellectual Property Rights

DOI

10.2991/ichess-19.2019.33How to use a DOI?

Keywords

Intellectual Property Rights, Qualification Penalty, Reducing Punishment for Minor Crimes and Increasing Punishment for Serious Crimes, Prosecution Standard

Abstract

China's intellectual property rights are developing rapidly, intellectual property laws are constantly improving, and intellectual property crimes are showing a growing trend. Faced with these realities, there are three key problems in China's intellectual property criminal legislation, such as a small scope of protection, an unscientific penal system, and prosecution criteria are too high. The solution to these problems is: China does not need to blindly pursue the expansion scope of protection, incorporate all objects and possible violations of intellectual property rights into the criminal law, but need to establish a relatively reasonable scope of protection by comprehensively considering various interests according to national conditions and protection needs; the penalty system of intellectual property crimes in China should adhere to the principle of “reducing punishment for minor crimes and increasing punishment for serious crimes”, that is, the penalty cannot be completely relaxed, and it cannot be blindly; it is necessary to distinguish between intellectual property crimes biased towards private rights without harming the public interest, intellectual property crimes involve national interests, public security and other national interests and intellectual property crimes that simply disrupt administrative order, in order to set different standards of prosecution.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Kai Min
PY  - 2019/11
DA  - 2019/11
TI  - The Perfection of Chinese Criminal Legislation of Intellectual Property Rights
BT  - Proceedings of the 2nd International Conference on Humanities Education and Social Sciences (ICHESS 2019)
PB  - Atlantis Press
SP  - 168
EP  - 172
SN  - 2352-5398
UR  - https://doi.org/10.2991/ichess-19.2019.33
DO  - 10.2991/ichess-19.2019.33
ID  - Min2019/11
ER  -