Integrating credit punishment measures into the governance of intellectual property infringement and gradually establishing the rule of law is a crucial step for China in strengthening legal protection of intellectual property rights and advancing its development as a leading intellectual property power.In the context of China's overall improvement of the intellectual property protection and building an leading intellectual property power,it is highly beneficial to examine the development history of the relevant systems,analyze their trends,and identify appropriate measures by understanding the correct development direction.In 2008,Shenzhen took the lead in including the infringement facts of infringers into the integrity records of intellectual property rights,and linked the integrity records of intellectual property rights to the credit information system,intensifying the crackdown on intellectual property infringement."Planning Outline for the Construction of a Social Credit System(2014-2020)"promulgated by the State Council of the People's Republic of China in June 2014 regards the construction of the credit system in the field of intellectual property.It officially marks the initial stage of the credit punishment system in the field of intellectual property.Based on the content relevance and effectiveness level of relevant documents,this paper sorts out three stages of the development process of China's credit punishment system for intellectual property infringing subjects,and believes that China's credit punishment system for intellectual property infringing subjects still lacks systematic integration and strict legal argumentation.From the perspective of the rule of law,the construction of the credit punishment system for the subject of intellectual property infringement must follow the basic principles of punishment according to law,cooperative governance,appropriate excessive punishment and rights protection.However,China's current relevant provisions are difficult to implement.There are many problems,such as lack of clear legal basis,unclear disciplinary objects and standards,and insufficient disciplinary supervision and relief.In view of this,the relevant departments should follow the rule of law principles such as punishment according to law,take the problem as the orientation,and refine the credit punishment system of intellectual property infringing subjects in China from the aspects of improving the relevant legal norms system,constructing reasonable rules of punishment"object-standard-means",and improving the supervision and relief mechanism of intellectual property credit punishment.
关键词
知识产权/侵权/信用惩戒/比例原则/法律治理
Key words
intellectual property rights/infringement/credit punishment/the principle of proportionality/legal governance
维普
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