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Bottlenecks Of Intellectual Property Crimes And Their Cracking

Posted on:2017-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2206330488492064Subject:Intellectual property law
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Despite the repeated emphasis on strengthening the protection, but in reality, piracy and other violations intensified in China after the implementation of intellectual property strategy for many years. And, for various reasons, Grass-roots procuratoratie is facing the process difficult and adverse effects of the situation in handling criminal cases of IPR infringement process. The reason both the special nature of this kind of case itself and also legislative oversight and judicial experience inadequate. This situation not only limits the artistic and cultural progress of the cause, is not conducive to the healthy development of social economy.In this paper, the writer systematically analyzes the infringement of intellectual property crime is difficult to handle the underlying causes by cases. To break through the difficult, We need to start from the targeted improvement of the penalty system, increasing the level of criminal law to protect the rights of people object and strengthening participation and other aspects. The first part describes the general value, current research and methodology;The second part reflects the reality of handling criminal cases of IPR dilemma from two cases;The third part points out the reasons for difficult to handle such cases from the five aspects of the unique features of its own;The fourth part examines the domestic and international intellectual property protection overall trend;Finally, the path to solve the problem.
Keywords/Search Tags:IPR crimes, Penalty System, Subject matter of protection, Participation rights holders, Evidence standards
PDF Full Text Request
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