Criminal Protection, See Our Copyright From The Sino-us Intellectual Property Dispute

With the development of world economy and information spreading technology, the criminal cases involved copyright infringement grow in number year by year in China, which increases the difficulty of judicial practical operation. However, the criminal legislation referred to copyright protection relatively lags and has many leaks and gaps. At the same time, Western developed countries led by US exert pressure to China about the intellectual property protection. Therefore, through the comparative studies of TRIPS Agreement and the copyright protection in China, referring to the advanced operation in other countries, combining the specific cases and operative difficulties in judicial practice, the thesis tries to provide some improving suggestions about the copyright legislation in China, in order to guide the judicial authority how to deal with the copyright crimes in practical work, making China to take over the catbird seat in the world economic and trade pattern.Part one introduces the basic information about China-US Intellectual Property Right dispute and the basic rules of copyright protection in TRIPS Agreement, leading to the consideration about whether the copyright protective rules fit the minimum protection requirements of TRIPS Agreement or not.Part two elaborate the current situation of copyright criminal legislation and administration of justice in China, by concluding the copyright legislative features, analyzing controversial cases referred to copyright crime, to prove that the copyright protection level in China is actually inferior to TRIPS Agreement.Part three focuses on proving that strengthening the copyright protection in China is imperative, through introducing the copyright protectional rules in Anglo- American law system and the continental law system, and analyzing the current development tendency of world copyright protection.Part four mainly aims at the problems existing in copyright protection field, providing improving suggestions about legislation, administration of justice and social life.