Research On Crime Prevention And Control Of Infringement Of Trademark Rights In China

In the area of knowledge economy where science and technology are the primary productive forces,there are more and more criminal acts against intellectual property rights,especially trademark rights.Although three statutory crimes are prescribed in China’s criminal law to specifically protect trademark rights,it should be noted that the manifestations of criminal acts infringing trademark rights are far beyond the category of criminal law.In addition,food is the first necessity of the people.Although the government has emphasized on food safety and the "four most stringent" requirements,some issues are still frequent in this background.Based on the clear definition of relevant concepts and carding of laws and regulations,542 criminal judgment documents,published by pkulaw.cn from January 1,2014 to December 31,2017,are categorized and analyzed by Excel to summarize the current characteristics and causes of the crime of infringing on trademark rights in China,and put forward the preventative measures from the aspects of government and society.In addition to the introduction and conclusion,there are four parts.Part I: Overview of crimes against trademark rights of foods in China.On the one hand,it defines the concepts of food,trademark and trademark rights,as well as crimes of infringement of trademark rights of foods.On the other hand,it sorts out the criminal law provisions and the rules of connection of execution for the infringement of trademark rights in China.Part Ⅱ: The analysis of the status of crimes of infringement of trademark rights of foods in China.This part conducts classified research based on the classification and regulation of the crimes of trademark in China’s criminal law.It also refers to the 542 judgment documents that were published on the pkulaw.cn from 2014 to 2017,to conduct empirical analysis and summarize the characteristics of the crimes against trademark rights of foods in China.Part Ⅲ: The analysis of the causes of the crime of infringement of food trademark rights in China.On the basis of the previous analysis,this part takes the containment theory of criminology as the theoretical basis,combined with the practice research experience,to explore the causes from both objective and subjective aspects,to analyze the causes of the crimes of trademark rights of foods in China,to strengthen the effectiveness of the countermeasures.Part Ⅳ: The analysis of the countermeasures against food trademark rights crime in China.In terms of preventative measures against crime,this part takes the new public management theory as the perspective,to prevent and control the crimes of trademark rights of foods effectively by constructing a pattern of “strong government and strong society”,from the aspects of government and society,with the combination of the experience of relevant foreign jurisprudence,to expose crimes to the sun.