On the Crime of infringement of intellectual property

Paper Keywords: Legal Protection of Intellectual Property Rights
Abstract: This paper studies the protection of intellectual property rights and the significance of Criminal Law as the basic stArting point, mainly on the major countries in the world of intellectual property protection of content and scope of Criminal Law and Laws protecting intellectual property rights in China to open J content and scope of the legislation. And in accordance with the global trend of changes in the context of the status of intellectual property crimes, summarized the current Criminal protection of intellectual property challenges.

Current "intellectual property" is already a representative of the creative intellectual work of all human society and the rights of trade mark Law collectively generated. When developed into a scientific and technical knowledge, a wisdom, of the quantity and quality of material goods and products reputation have binding effect, people began to realize the vital importance of intellectual property to create wealth effect. "knowledge will change the world's competitive position and interests of the pattern; respect for the creation of knowledge is respect for human rights" concept has become a modern society initiated a new realm. human society began to value the importance of knowledge and protection, resulting in the production of the legal system protecting intellectual property rights. the intellectual property system of Criminal Law protection of human and social development to a certain stage of the product. It is not the general Criminal law protection of property rights more like a long history, it went through the Civil law of intellectual property protection, legal protection of Economic, administrative legal protection, and finally becoming pArt of the development of criminal law protection perspective.

First, the major countries of the scope of criminal law protection of intellectual property
(A) the scope of criminal law protection of U.S. intellectual property
American Intellectual Property Criminal law scattered trademarks, copyrights, patents and trade secrets and other aspects of special laws. Overall, the infringement of intellectual property is "felony" (felony), to impose heavy fines and long prison terms. At the same time, criminal penalties "threshold" is low, in addition to copyright and the amount of a certain number of criteria, in general, as long as there is subjective intent and the fact of infringement to be sentenced. Specifically the following crimes: (1) trafficking in counterfeit goods, services in the field of crime. Those who or attempt to counterfeit trademark counterfeiting, all belong to a felony, but the number and amount of counterfeit trademark, are considerations of sentencing on March 16 .2006 effect <<manufactures in 2006 to combat counterfeiting bill> "and" <2005 Act to protect U.S. goods and services>> and modify the <<counterfeit trademark>>, its provisions extend to acts of trafficking in counterfeit marks, the "trafficking" was extended to the import and export behavior, and increased acts of counterfeiting punishment. (2) criminal copyright infringement. <<Digital Millennium Copyright Act "> provides that if the accused to decrypt or use other means to avoid intellectual property rights holders to enjoy the products of its set of technical security measures to obtain the products to use or sell to wear to wear to avoid use of the product decryption also constitute a crime. <<ban Electronic Theft Law "> provides that the rights in the digital environment without the authorization of the rights of people distributing or copying copyrighted works to a certain amount of , regardless of whether for-profit is a crime. (3) patent rights crimes committed Baptist. According to U.S. patent law, patents for others, but lying about their products all have this patent, the product is not patented lied to a patent, velvet were lied to wear patent-pending patent review ongoing and should be fine. For those who deliberately falsified domain patent transmission behavior of counterfeiting patent, shall be punished by imprisonment for a term of 10 years or a fine of 5,000 dollars, squid are both. (4) theft of trade secrets in criminal .19% <"Economic espionage Law"> provides theft of trade secrets, shall be punished by imprisonment for a term of 10 years or a fine of 250,000 dollars, or both, and penalty. The Act also provides that for a foreign government theft of trade secrets, penalties should be increased, that is punishable by imprisonment for a term Qiao years or a fine of 500,000 dollars, or both. (5) other criminal law provisions of intellectual property protection. For example : on counterfeit food, medicine and chemical products, animal husbandry, behavior, provides for severe criminal penalties. for the manufacture, sale, theft of electronic signal transmission behavior of the device, for trafficking in circumvention of copyright protection technology, behavior, or providing false copyright management information behavior, for the purpose of copyright in the item marked wrong information, or purposely sell such goods, or deliberately change the behavior of copyright information are punishable by appropriate penalties.

(B) of the Criminal Law of intellectual property protection in Japan
December 4, 2002, Japan enacted the <<Intellectual Property Basic Law>>. And later by the Intellectual Property Strategy HeadquArters have developed a series of "Intellectual Property Promotion Plan", which is one of the important contents of the scope and strengthen the criminal penalties for intellectual property efforts: (1) the criminal aspects of infringement of copyright: the original term of imprisonment or a fine of up to 3 years, 3 million yen to a maximum of 5 years to improve the following sentence wearing a fine of 5 million yen to both. (2) unfair competition aspects Crime: February 2005, Congress received the motion, the original sentence or a fine of up to 3 years, the following increased to 3,000,000 yen up to 5 years imprisonment or a fine of 5 million yen or both. (3) the criminal aspects of infringement of patent : March 2005, Congress received the motion, serious violations of the rights of breeders can be criminalized. (4) Customs IPR infringement cases uncovered .2005 September to increase year after year the statistics show an increase of 36.6% of cases. in accordance with the right classification, Baptist committed trademark 9157, accounting for 97.7%, followed by the copyright 138, accounting for 1.5%, 56 patents, accounting for 0.6%. compared with last year, 1.8 times the original copyright, trademark, 1.4 times .

(C) of the Criminal Law of intellectual property protection in Germany
Protection of intellectual property, copyright, first in German criminal law copyright protection gained importance. Subsequently, the German legislators on the one hand, dipped by increasing criminal penalties for intellectual property crimes committed, on the other hand the gradual expansion of intellectual property rights of criminal law .1990 protection effect on July 1 of the German anti-piracy laws and criminal protection of intellectual property rights made the following aspects unified important changes: first, to increase the maximum criminal law on intellectual property legal punishment. Secondly, defined the qualifications of intellectual property crimes pose. Third, the provisions of the infringement of intellectual property crime of attempted criminal can be punished. Fourthly, to commit intellectual property crimes dip in state court in Germany is classified as an Economic crime tribunal for trial.

Germany's criminal IPR infringement in Germany, the main provisions of the patent law, utility model law works, design works of law, copyright law and the tag law, specifically including the following crimes: (1) patent infringement a crime. (2) violations intellectual crime. in German intellectual works primarily through the design law, Protection of microelectronic semiconductor products and graphics copyright protection. (3) trademark infringement crimes revised Trademark Law In 1994 changed its name to mark and ID Protection Act. The Act provides for two main charges: First, the Act 143 provides that "the violation marks, logos crimes." Second, the Act 144 provides that "the unlawful use of geographical origin description of the crime." (4 ) criminal violations of trade secrets .1997 revised German Act against Unfair Competition, three counts: First, Article 17 of the Act's "business or business secrets leak." Second, Article 18 of the Act "Using samples crimes." Third, Article 20 of the Act a "crime of luring and voluntary disclosure."
Second, the scope of protection of intellectual property in Criminal Law
Criminal Protection of intellectual property legislation in other countries is different. Our main focus in the criminal activities in the provisions of Code of the specific charges of criminal IPR infringement, and in the "<Civil Law Trademark Law >>,<< >>,<< Copyright Law "" and "<Patent Law"> so with Civil and criminal liability in terms of administrative law. These provisions of the Penal Code provisions on intellectual property protection. in the 20th century until the 70s, mainly through the intellectual property rights in China criminal law other than to adjust the true sense of the history of criminal protection of intellectual property began in 1979, the Criminal Code, article 127 of the Act provides for the crime of counterfeit trademark .1997 revised Criminal Law in Chapter 3, dedicates a section on the " Intellectual Property Crime ", system protection trademarks, patents, copyrights and trade secrets, intellectual property aspects of these four, a total of seven specific charges, while Chapter 3 of the Criminal Law also dedicates a section on the" production and sale of shoddy goods Crime "There are nine specific charges. they work together to build intellectual property protection in China's criminal law system. from the 80 years since the last century, the Chinese have participated in some of the major intellectual property protection of international conventions, treaties and agreements. our country in order to perform the join intellectual property rights obligations under international conventions, in September 1992, August 2000 two modified <<Patent Law ">; February 1993, October 2001 two modified <<Trademark>>; 10, 2001 revised January <<Copyright Law ">. modification of these intellectual property law is one of the main purpose of improvement in order to further speed up the integration of domestic law and international conventions in the process. current main problem is how as soon as possible on the Criminal Law provisions of intellectual property crime and intellectual property law has been amended, consistent with international conventions and intellectual property. If <<Patent Law "> meet the requirements of the invention, utility model and design patents are granted, and criminal law in this three-counterfeiting kinds of crime do not distinguish the patent, uniform regulations and requirements for the crime of counterfeiting patent the same legal punishment is appropriate, in fact, the Baptist and the invention patent infringement committed wear a design patent for utility model the harm caused to society is clearly different The. In "<Trademark>> a registered trademark of the types of similar problems also need to refine the specific charges. Again <<Copyright Law"> Article 47 provides in terms of criminal responsibility from eight aspects copyright infringement into the criminal law, criminal law, what should be done with it convergence. copyright in "works" the scope of issues and digital technology and the protection of information network technology, etc. are not coordinated with the criminal law. Therefore, the proposed amendment before the introduction of the Criminal Code can be expanded by legislation or judicial interpretation of criminal law to solve this problem. reposted elsewhere in the Research Papers Download http://www.hi138.com Third, the context of Economic globalization, the trend of changes in IPR crimes
Today, the criminal law of intellectual property protection has become a worldwide consensus. However, the infringement of intellectual property crime is more serious in the world, the growing professionalization of the modus operandi, concealed, especially with the extensive use of the Internet and digital communication technologies development, the current infringement of intellectual property and international organized criminal activities, the trend is increasingly evident. It is like a plague is killing the human sciences, Economic and trade development results.

(A) of the world the dangers of intellectual property crimes
In violation of intellectual property crime, and seek illegal profits is the driving motivation of crime occurred in the largest since the 80 century, .20, and intellectual property related to the transfer of the amount of goods are also rising, doubling every 5 years, GATT, Research report also said 2% of world trade (ie, nearly 800 million dollars) belonging to counterfeiting and imitation of trade, impact of grave rights violations dip the normal operation of international trade. According to the European Union put into account, as counterfeit and piracy, reduce the 200,000 worldwide each year jobs.

China's current intellectual property crime is still rising trend, the world's more serious intellectual property crimes occurred one of the countries, but also by the larger countries against intellectual property crime. "Fifth" period, people's courts at all levels guilty of receiving notice Baptist Property crimes 2040 consultation, concluded 2011, award at the 2503 criminal people. focused on intellectual property crime, crime trademarks, accounting for 84.66%; followed by the criminal violation of trade secrets, accounting for 9.46% 02005 National levels People's Court concluded the production and sale of counterfeit goods cases 1121, 1934, criminals sentenced person; concluded 1,903 cases of illegal business operation, the penalty 2648, and this number of people sentenced to two types of crime were up 33.2% over 2004 and 26.04%, a considerable part of the crime is an infringement of intellectual property rights. According to statistics, from 2000 to 2005, China's public security organs cracked more than 6,700 criminal cases of IPR infringement, the arrest of more than 9,300 criminal suspects, the total value involved nearly 35 million, focused on destroying the number of cross-border, cross-regional criminal networks. In 2006 alone, China's public security authorities have all kinds of criminal IPR infringement cases cracked and the captured suspects over the same period in 2005, filing number, solve the case number, the number of criminal suspects were arrested increased by 30%, 31% and 11%.

(B) the challenges facing the criminal protection of intellectual property
With the rapid development of science and technology, knowledge economy and the acceleration of economic globalization, intellectual property rights in the economic and social development around the world to play an increasingly important role as the world economy, technological and cultural exchanges and the development of a strong driving force . But the World Intellectual Property to bring the enjoyment of the great achievements of human society, but also by the growing problem of counterfeiting is piracy crime. Currently, the international community as well as China's IPR protection work is facing the situation is still grim, counterfeit and pirated Crime activities increasingly showing a professional, and organized an international trend, not only guilty of a serious dip and consumers of intellectual property rights of the legitimate rights and interests, and hampered technological progress, cultural transmission and the normal development of international trade, to national law enforcement organization posed a serious challenge.

One of the challenges: intellectual property crimes worldwide increasingly rampant activities of the regional crime has moved from physical space to the network environment "virtual space" to spread. Particularly in the areas of copyright wide range of criminal activities; the high CD smuggling no less than; computer software piracy, more and more prominent; network environment illegal to copy, sets recorded, reproduced the behavior of the copyright of others is very active, the virtual space has become a "pirate's paradise '.

The second challenge: not only a serious violation of criminal IPR infringement of intellectual property rights of the legitimate rights and interests, many counterfeit products threaten the health and safety of consumers, but also to technological progress, cultural communication and international trade have a negative impact, become national, economic and social development of the important issues pose a serious hazard.

The third challenge: the growing intellectual property crimes showed internationalization, specialization, scale, network, group trends, cross-(border), regional criminal activity is very prominent, and there is more and more organized crime association. modus operandi, criminal skills, show high intelligence network of criminal organizations and hidden features.

The fourth challenge: commit intellectual property crimes from the dip of geographical distribution, in the eastern coastal areas in serious condition than the central and western regions; economically developed regions Less developed regions than serious. From the global point of view, indeed the contrary, the legal protection of intellectual property system is imperfect, the concept of intellectual property protection in countries and regions less developed than the protection of intellectual property law system is perfect and the concept of developed countries and regions to be serious.

In short, leading to the development of a serious infringement of intellectual property crime and the spread of reasons, including the following factors: (1) IPR infringement activities to make criminals of illegal profits boat and take risks. (2) there is a big dip in many countries power consumption of a commodity market is an important inducing factor in criminal IPR infringement. (3) States a direct result of the involvement of criminals cross (border) situation is increasingly serious infringement of intellectual property crime. (4) Punishment of the Crime of intellectual property law committed Baptist is there vulnerability, existing procedures and fight against intellectual property crimes evidence complicated mechanisms, procedures and legal entities can not exist on the operational impact to some extent the crackdown. reposted elsewhere in the Research Papers Download http://www.hi138 . com