Study On Crimes Against Intellectua Property Rights

Intellectual property in broad sense is a legal right in relation to the creation of people on its intangible property. Specific scope of National laws of intellectual property rights is different from each country, which is closely related to its social, economic, cultural, scientific and technological development circumstances. With regarding to provisions of current legal system of intellectual property rights, intellectual property rights include trademarks, patent rights (including inventions, utility models and industrial design rights), copyrights and trade secret rights.In modern society, human being has entered the era of knowledge economy. Science and technology constitute a primary productive force, to have more and higher quality of intellectual property rights is necessary conditions to seize the opportunity and be invincible status in competition. Therefore, on the one hand, economic subjects have attached great importance to development, utilization and protection of intellectual property rights; on the other hand, some unearned people attempt to reap other people's intellectual property rights, then crimes against intellectual property rights also come into being. In order to effectively restrain infringement of intellectual property rights and protect intellectual property rights and legal interests of consumers, in section VII of the sub-chapter III of the destruction of order of the socialist market economic crimes of China's criminal law (provisions of criminal law Article 213-220) is clearly defined seven crimes related to infringements of intellectual property rights, including "the crime of counterfeiting registered trademarks", " the crime of selling counterfeit merchandise of registered trademark", " the crime of illegal manufacture and selling of illegal manufacture of registered trademark identity ", " the crime of counterfeiting patent", " the crime of infringement of copyright ", " the crime of selling of infringing copies" and "the crime of infringement of trade secrets".Most of crimes against intellectual property rights are crimes of infringement of intellectual property rights, but crimes against intellectual property rights are not equivalent to infringement of intellectual property rights. In the field of intellectual property, it should be noted that manifestations of criminal acts are far beyond classifications stipulated in criminal law. Some acts are not only homology with the crime but also no less harmful to society than crime, which not included in classifications of infringements of intellectual property rights in criminal law but infringing intellectual property system, even which do not infringe related intellectual property rights. From the perspective of criminology, these serious illegal acts are also crimes. In order to seek effective countermeasures to the crimes, we should not neglect the study on these. Thereby, this study is based on special stipulations and categories of our country's criminal law on crimes against intellectual property crime rights, which are including the statutory crime and quasi-criminal acts of extrajudicial, but not limited to the mentioned above. Specifically, it refers to the acts infringe related intellectual property rights or intellectual property system which should be punished in by law in the field of intellectual property rights.From the aspect of the summary of the characteristics of crimes against intellectual property rights and specific categories, the product of the crimes are not only result from sole factor, but factors referred to social, political, culture, actors criminals and victims. Among them, the important factors are the benefits-driver, existing of consumer markets, defects of legislation and enforcement. Theoretically, the mechanism of occurrence of crimes against intellectual property rights is similar to all the crimes. Crimes against intellectual property rights are highly interactive crimes between the injuring party and the victim, on which should not been given up studying and concerning. The crimnals and the victims are close to each other in a lot of types of crimes against intellectual property rights. The two important inducements for crimes against intellectual property rights are that the weak awareness of protection of intellectual property rights and the lack capacity of them.Crime is an objective existence, which is hard to be perished within a certain period. Also, crimes against intellectual property rights could not be stopped completely in a lot of countries and regions in the world. However, the existence of crimes does not mean that the crimes can not be controlled and reduced. Therefore, the research on countermeasures to crimes has become an inevitable logic of criminology. It still takes time to completely stop crimes against intellectual property rights in China. At present, the major measures are that strengthening the responsibility of local governments and publicity, improvement of awareness and capacity of rights protection of enterprises and people, forming a good atmosphere for protection of intellectual property rights in the whole society by improvement of legislation, strengthening leadership, strictly enforcing the law and highlighting key points.