我国知识产权刑法保护现存问题及完善建议

Several Problems and Suggestions of Criminal Protection of Intellectual Property Rights in China

我国知识产权犯罪的定罪标准呈逐渐下降的趋势,相应的刑罚制度严厉程度也处于世界前列,然而侵犯知识产权的犯罪活动仍比较猖獗,犯罪化程度较高。这种现象表明,仅依靠严刑重罚的方式难以实现防治侵犯知识产权犯罪行为的目的。完善我国知识产权刑法保护,应从协调统一民刑法不同法律之间关于知识产权的规定,完善知识产权犯罪刑罚结构以及保持知识产权犯罪行政打击的常态化、高压态势,完善行政执法与刑事司法衔接机制等方面入手。

In recent years in China, although the standard of conviction of intellectual property crimes appears to have been going on a downward trend and the respective penalty system is almost one of the severest in the world, the criminal activities involving infringement of intellectual property rights still take place rampantly with high crime rate. This phenomenon indicates that it is hard to prevent or stop the criminal activities of IPR infringement solely by severe penalty or punishment. It is suggested that in order to further improve the criminal protection of IPR in China, we should start with harmonizing the stipulations regarding intellectual property right among different laws, such as civil law, criminal law and other laws; perfecting the IPR crimes penalty structure; keeping constant and resolute application of administrative measures to fight against IPR crimes; and consummating the mechanism of combing administrative enforcement with criminal justice.