| Taking up the power of penal sanction to protect the patent system as the finally defend limit is generally accepted in modern lawmaking by all the countries of the eastern or the western. Agreement on Trade-related Aspects of Intellectual Property Rights, Including Trade in Counterfeiting Goods as law document of the WTO system frame promotes to suppress, with the way of penal sanction, the acts of intentional crime, having the business scale, that violate the patent right intentionally. From here, defending the trade order of the world is in contact with protecting patent right tightly. Our country also possess (undertake) the rights (duties) for the international treaty item. And, the quarrel on trade-related aspects of intellectual property rights is usually very the fuse that may cause international conflict of economy and trade between our country and developed countries Hence, the research of protecting intelligent property right with the way of law is attention-getting unprecedentedly in the academic circles and judicial workers in our country.Crime of counterfeiting the patent of another is unique criminal charge to protect direct patent right in the penal code of our country. But we find out the works on the criminal charge hardly. On the basis of the current theory, the thesis extensive researches into many problems on basic theory or from the judicial practice, in words over a hundred thousand. The full text contents are divided into five parts: Chapter 1. Saying all for protecting patent right by criminal law. Invent and innovation, meaning to have the novel and forerunner and to take place aggressive result in the industry realm, is the technique project and a kind of thought essentially. Invent and innovation, belonging to the knowledge appearance essentially, is the result creating by intelligence labor and has the characters in the appearance of using or existing, and the way for the exterminate. Hence, the society appeared such need: Confer the patent right on the host who invents the creation with the authority of the nation. As above, this part announces deeply to public the principle of patent system and clarifies the necessity protecting patent right by criminal law. And then, it introduces the criminal lawmaking to protect patent right by some vest nations, the Taiwan Region of The People's Republic of China and the concerning international treaty.Chapter 2. Have a study of the concept and the characters for constitution of crime of counterfeiting the patent of another. This chapter covers the six problems for the basic theories on the concept and the constitution characters of the crime. The first, does the behavior counterfeiting the patent of another establishes the crime by the specific criminal purpose on the criminal law? There are two kinds of opinions that are opposite theory, on the question. But, the writer thinks that the crime has 20 kinds of constitution forms, some establish crime by the specific criminal purpose hidden in the penal code, the rest forms establish crime by the specific criminal purpose that is not fixed in the penal code of criminal law. The second, what is the object of the crime of counterfeiting the patent of another? This text points out that the object of the crime is national system managing patent and the right abilities using the patent number, the document for patent application, the patent certificate or other patent papers. The third. What is the object of the criminal act? The writer thinks that the object of the act is, as substantial forms, the patent number, the patent certificate, the patent papers from the patent office journal or the document for patent application. The fourth, the writer divides the crime into 20 kinds of constitution forms of the crime, by their appearances. The fifth, the criminal subject of the crime is not a typical model. The sixth, the writer thinks that the crime is the purposive crime and the kind of the criminal purpose can be chosen of concrete criminal acts. As above, the writer rese...
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