Study On The Criminal Thresholds In IPR Protection

United States started a consultation to China and to the Chairman of the Dispute Settlement Body on 10 April 2007.This is the first Intellectual Property dispute between China and the US in the WTO.The United States considered that acts of trademark counterfeiting and copyright piracy occurring on a commercial scale in China that fail to meet the thresholds are not subject to criminal procedures and penalties in China.The lack of criminal procedures and penalties for commercial scale counterfeiting and piracy in China as a result of the thresholds appears to be inconsistent with China's obligations under Articles 41.1 and 61 of the TRIPS Agreement.In this Article,the author firstly discusses the case,the related provisions in TRIPS Agreement and the certain measures pertaining to the protection and enforcement of intellectual property fights in China.Through the discussion,we would find that the United States has not established that the criminal thresholds are inconsistent with China's obligations under the first sentence of Article 61 of the TRIPS Agreement.Then,in order to find the faultiness in the China IPR protection law system,the author focuses on the analysis between main countries' IP law,concentrated on the following aspects:the subjective aspect and the objective aspect.While author pays attention to the felony and misdemeanor of the IPR crimes and hopes that we could find a way to improve China's IPR protection.Finally,author suggests that China constitute a misdemeanor system by reasonably resolving the unreasonable situation of Chinese longtime existed punishment system (administrative punishment) through partly adjusting the mechanism of legislation and justice.