Lecturer : Lv Wenjv Several Viewpoints on Criminal Protection for Intellectual Property

Contents I Review and outline of the history of criminal protection for IP Review and outline of the history of criminal protection for IP II Case study on patent protection III Case study on copyright protection IV Definition of the objective of criminal penalty

I : Review and outline of the history of criminal protection for IP A. The production lines of underground CD in 1996 b. The “Crime of Speculation” a. The imperfection of criminal regulation

B 、 The Criminal Law of October, 1997 a. Articles b. Articles

C 、 Jurisdiction c.The relationship between IP crime and fake commodity crime; a.Public security: fake and copyright;  Philosophical analysis: IP is intangible while fake commodity is tangible; IP is the content while fake commodity is the form; IP is the indication while fake commodity is the carrier.  Analysis from criminal jurisprudence: the relationship between both of them is that of implicated offence, concurrent offense and absorbable offense that felony absorbs misdemeanor.  Empirical analysis: intrinsic crossing and concurrence are conflict with the artificial division in form.  Cause: the “Provisions on the Division of Jurisdiction of Criminal Cases in the Ministry of Public Security”, first decline and then fight for. b.Economic detection: trademark, patent and trade secrets;

 h. High energy-consuming, inefficacy, pollution and cheap labor all come to the end. D 、 IP Police  b. hi-tech industry  a. scenarist, director, actor  c. The Outlook Weekly of 2000 New Year----“Knowledge Economy calls for Knowledge Police”  d. The Position and Countermeasures of Public Security Organs in the Development of Hi-tech Industry  e. The Proposal to Set up IP Police  f. The first IP police of China came into being in 2002  g. Innovation-oriented country, transforming the growth model, improving added value of products

E 、 Study the effectiveness from the conviction rate TTrademark TTrade secret CCopyright PPatent

F 、 Study the awakening of awareness of criminal rights protection of national enterprises from the respective of the nature of companies that report cases. G 、 Challenge on the overdprotection

II. Case study on patent protection Case briefing: FU Guanghui v.Netac, patent infringement of mobile USB flash drive  Decision: the “infringement” that implements other’s patent without patentee’s license shall not constitute the act “passing off as a patent of others”, and therefore, the accusation in this case is not applied properly.  Difference: the act passing off as a patent of others infringes patent holder’s right to use patent marks while this case infringes patent holder’s right to implement his right.

 Jurisprudence analysis: social harmfulness  Patent characteristics: full disclosure, full protection ？？  Learning lessons from Taiwan  Analysis on cases of patent passing off: ignorant or fearless  China’s core competitive power: propose to set up the crime of illegally implementing patent

III. Case study on copyright protection Case briefing: HAI mei infringes copyright  Legal relationship: right to show, right to perform, right to copy  Industry Chain: MTV-VOD-KTV  Purpose of legislation: content of copyrigh t  Digitalization  Judicial interpretation  Back to the purpose  Reference carriers of crime and not crime

IV. Definition of the objective of criminal penalty  Copy or implement on a commercial scale  Take this as a means of profit

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