The Protection and Its Extent of Intellectual Property Right From the Criminal law——Brief comment on “the interpretation on the several issues on handling the criminal cases of intellectual property rights infringement”

The core of the protection of intellectual property from the criminal law relies on the scientific and rational definition of values. As far as the values choice of protection from the criminal law in our country is concerned, firstly, considering the benefit balance, legal monopoly rights of authors should be protected and meanwhile the public interest should be considered. Secondly, from the view of the choices of protection strategies, the extent of protection, strong or weak, is relative with the economic benefits of countries. According to the above comment, the author inspected the current condition of China's protection of intellectual property from the criminal law, then reviewed and reflected "the interpretation on the several issues on handling the criminal cases of intellectual property rights infringement" from the perspective of values choices. On the foundation of analysis, the author brought forward the following viewpoints:1.advocate the uncriminalization and unpenalization;2. establish the penalty system in which fine penalty is dominant and liberty penalty is supplemental;3.create the new penalty system of qualification penalty;4. improve the penalty system of fine penalty.