Exploring China's Copyright Criminal Enforcement System--Using Relevant Provisions of Major International Conventions as a Reference

Yanbing Xu ； Keqian Chen

《Frontiers in Economics and Management》 2卷5期 (2021/05) Pp. 197-203

https://doi.org/10.6981/FEM.202105_2(5).0025

摘要

In this manuscript, relevant terms of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Anti-Counterfeiting Trade Agreement (ACTA), and the Trans-Pacific Partnership (TPP) addressing the criminal law enforcement of copyright are taken as points of reference. Comments and suggestions are made regarding the current criminal law enforcement system that exists in China, with the aim of revealing how the system can be improved.

關鍵字

Criminal Enforcement ； Copyright ； TRIPS ； ACTA ； TPP

參考文獻

WT/DS362/R, 26 January 2009, CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, Report of the Panel, Page 107, VII.2-VII.3.

The report of expert team points out that, except the first sentence and the fourth sentence in Article 61, other terms of TRIPS don’t use the world ”scale”, WT/DS362/R, 26 January 2009, CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, Report of the Panel, Page 108, VII.8.

WT/DS362/R, 26 January 2009, CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, Report of the Panel, Page 116, VII.47.

Refer to Paragraph 1 of Article 23 in ACTA: “Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights piracy on a commercial scale.”

According to the provisions of the Criminal Law of China, whoever commits acts of infringement on copyright shall be for the purpose of making profits.