The Regulation Of Criminal Law On China’s Network Intellectual Property Crime

With the popularization of the Internet and the new development of intellectual property rights,intellectual property crimes are increasingly characterized by networking: first,many crimes that infringe on the rights and interests of the new Internet intellectual property rights have arisen;second,the traditional intellectual property crimes also show the characteristics of "network alienation".The so-called cyber intellectual property crime is an act that seriously infringes others’ intellectual property rights by using the Internet as a tool.Cyber intellectual property crime is a tool crime as well as an object crime,but more importantly,it is a tool crime.Network intellectual property crime is a kind of compound crime,not an independent crime.The former belongs to the superior concept of the latter,while the latter is a part of the former.From the perspective of judicial practice,almost all intellectual property crimes can be carried out by means of network crimes,so the charge system of intellectual property crimes is basically the same as that of network intellectual property crimes.Therefore,this paper analyzes the current situation and existing problems of network intellectual property crimes by investigating the charge system and statistical data of intellectual property crimes.For example,the sanctions of network intellectual property crimes are somewhat dependent on the charges of non-infringement of intellectual property crimes,and the proportion of charges applicable to special protection of intellectual property rights is very low.The international attention to Internet intellectual property rights is increasing,the establishment and provisions of relevant crimes in various countries are also more perfect,more and more contents and behaviors are included in them,and the definition of relevant behaviors is constantly refined.By investigating the criminal law protection of international intellectual property and combining with the reality of Internet intellectual property protection in China,this paper puts forward the path of perfecting the criminal law related to intellectual property in China.To be specific,criminal legislation should be improved to make a reasonable connection with other laws and regulations related to intellectual property.Improve criminal justice to accurately and effectively apply criminal law,and then protect network intellectual property rights.