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Studies on Intellectual Property Crime in New Era

Author: WangZuoQun
Tutor: JinQiGao
School: East China University of Political Science
Course: Criminal Law
Keywords: Intellectual Property Crime Performance Prevention and control Comparative study
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 170
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Abstract

Intellectual property conceived in industrial economy to a development in the era of knowledge economy, to 2, on the protection of intellectual property rights related to a country's social innovation capacity and economic development potential. Therefore, countries have the policy, legal and financial technological innovation to be incentive to the prevention and control of intellectual property crime. The development of China's intellectual property laws and the prevention and control system has experienced decades of ups and downs, the current legal framework of the prevention and control system has a certain degree of completeness, the institutional set also has a certain degree of rationality, the previous large-scale rectification actions The results achieved are obvious. At the same time, there are also many problems: crime prevention and control system of intellectual property rights is how to deal with the crime situation of the times \How to learn from foreign experience, to achieve the prevention and control of the international intellectual property crimes? These questions need to look for other ways to be resolved. The article is divided into five main sections, the main method of system analysis and comparative study. Intellectual property crime and its prevention and control, is an organic system. Compare only to identify, the comparative study: A comparative study of the intellectual property crime in the field of criminal law in the field of intellectual property crime and criminology, intellectual property crime, \a comparative study of the past and present comparative study of the intellectual property crime, comparative study of Chinese and foreign intellectual property crimes. And so on. The first part, the connotation and denotation of \Differences in research perspective view of Criminal Law and Criminology, Criminology more emphasis on the empirical analysis and comparison method. The second part, \Inspiration: crime prevention and control of intellectual property rights are more concerned about the use of the policy of combining punishment with leniency; should pay attention to play the complementary role of the Anti-Unfair Competition Law; should pay attention to the mode of use of the private prosecution; should be people-oriented, focusing on the cultivation of the macroeconomic environment, such as strengthening the construction of public morals, improvement of the philosophy of law enforcement, eradication of social management vacuum, to create a good community atmosphere. Part III Comparative Study of \character and individuality of the system of intellectual property crime prevention and control measures. Part IV, \Intellectual Property Crime Prevention and Control Countermeasures. If the new behavior into the exploration of the crime, the introduce eligibility sentence recommended the idea to improve the institutional setting, of how flexible and efficient use of judicial resources, as well as the establishment of a long-term mechanism and prevention and control applications. Fifth part, \Chinese intellectual property crime prevention and control system in philosophy, policy, legislative, judicial, law enforcement, international cooperation should be carried out all-round innovation. Short, intellectual property crimes disciplines, past and present performance and practice conditions, the prevention and control experience the contrast between China and foreign countries for the entry point to analyze the defects of the intellectual property crime prevention and control system based on domestic, look at the foreign problems in the actual attempt to propose a solution, in order to provide a reference to the legislative department and other relevant departments.

Studies on Intellectual Property Crime in New Era

Abstract

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