The Occupational Prohibition Applied in the Crimes of infringing on Intellectual Property Rights

Abstract

According to the characteristics and current situation of the crimes of infringing intellectual property rights, as well as the purpose and value of occupational prohibition, the occupational prohibition should be paid more attention and applied more generally in such crimes to overcome the current dilemma. When applying the occupational prohibition, we need to grasp the three basic principles of applicability, necessity and proportionality. We should focus on examining the relationship between the crime of infringing on intellectual property rights and the actor’s occupation, that is, whether the crime was committed by taking advantage of the actor’s occupation or the crime was committed in violation of the specific obligations required by the actor’s occupation.