海峡两岸商标权的刑事保护:立法评述、相互借鉴与共同展望

Criminal Protection of the Cross-Strait Trademark Rights:Legislative Review, Mutual Reference and Common Prospect

海峡两岸在商标权刑事保护的立法模式、司法认定逻辑、刑罚方式以及法益侵害的偏重上存有差异,通过立法对比有助于借鉴有益经验,扬长弃短。当前,海峡两岸在基本理念上尚未达成共识,对于互联网空间中商标权刑事保护的立法皆存在不足,对刑事制裁体系的完善不够重视。为有效应对以上侵犯商标权犯罪新问题,海峡两岸可以借鉴域外经验进行前瞻性思考,共同展望商标权刑事保护的未来新图景,助力两岸经贸合作新发展。

There are some differences between the two sides of the Strait in the legislative mode, judicial identification logic, penalty methods and emphasis on infringement of legal interests. In fact, it is of some help for us to learn from useful experience and foster strengths and discard weaknesses through legislative comparison. So far, the two sides have still not reached a consensus on basic concepts. Besides, it is also insufficient in the legislation of the criminal protection of trademark rights in the Internet space, and little attention has been attached to the perfection of the criminal sanction system. Therefore, in order to effectively deal with the new problems of trademark crimes in the new era, the two sides should learn from the experience of other countries for forward-looking thinking, jointly look forward to the future of criminal protection of trademark rights, and work together for the new development of cross-strait economic and trade cooperation.