The Principle Of Careful Punishment In Intellectual Property

It is widely known that using criminal code to protect intellectual property inintellectual property system is a common practice as well as China. China’s currentcriminal legislation in intellectual property has reached the world’s “leading level”including the scale of commit crimes and the severe of sentences. The purpose ofthese measures is to fight against the phenomenon of the terrible intellectual propertyinfringement. The lawmakers also want to provide a good legal environment and afavorable international form for China’s accession to the WTO. China’s intellectualproperty protection has been improved significantly through several decades oflegislating, enforcing and judiciarying, the infringements has been improved. As theupdating of Chinese legal system and the lightening punishment tendency ofintellectual property worldwide, we should pay more attention to the private part ofintellectual property and reduce the government’s active intervention to the privacywhich based on the enhanced mental of penal code. Considering our nationalconditions, setting reasonable IPR object, we should be careful about the scope ofcriminal law’s intervene. Guiding ideology by cautious, light and unfreedom penaltyin the penal regime as much as possible, it’s necessary to think about the charges’value and rationality of the current criminal law. We must adjust the relationshipbetween the balance of rights protection and the social public interests from the angleof legislation. The review and improvement of criminal procedure mentioned andcriminal evidence’s using of intellectual property crimes should be afreshed at thesame time. Guarantee the accuracy of judgement and the scientific of procedure. Theprotect by emphasize the breadth of attack and cruel torture should not be advocatedparticularly the criminal legislation and judiciary must avoid to be caught in thewrong guiding of internationalization etc.