Latest amendments and their application of intellectual property in criminal law in China
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D924.3

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    Abstract:

    In the context of the increasing importance of intellectual property and the increasing calls for strengthening intellectual property protection, the Amendment (XI) to the Criminal Law substantially amended the normative system of intellectual property in criminal law, which not only strengthening the supply of norms of intellectual property criminal protection, but also demonstrating the determination to strengthen intellectual property protection. From the point of view of specific content, the amendments of intellectual property in criminal law by the Amendment (XI) to the Criminal Law are mainly manifested in expanding the regulation scope of intellectual property in criminal law by adding new crimes and expanding old crimes, in aggravating the penalty for crimes of infringement of intellectual property by increasing allocation of statutory penalty. Through the norms of intellectual property in criminal law, it can be found that this amendment fully reflects the latest legislative concepts of comprehensive protection of intellectual property, active protection of intellectual property, and the unity of the order of law, which are of great significance to the understanding and application of the relevant provisions of intellectual property in criminal law. The Amendment (XI) to the Criminal Law has been officially implemented and it is necessary to systematically explain the constitutive elements of the crimes of infringing copyright, infringing trade secret and stealing, secretly gathering, purchasing, or illegally providing trade secret for overseas entities, in order to fully achieve the legislative purpose of protecting intellectual property at the judicial level.

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刘湘廉.我国知识产权刑法的最新修正及其适用[J].重庆大学学报社会科学版,2022,28(2):232~245

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  • Received:
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  • Online: April 25,2022
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