Analysis On Patent Counterfeiting Crime Of Qingke Machinery Factory In Zhejiang As A Foretype

Pass off the patent is a serious infringement and is one of the main targets of the enforcement legislation as well.Significant changes had happened on both form and content of Chinese law.The change from quote in "Patent Law" to direct provision of the new "Criminal Law",is a major development of the Criminal Law in legal form. Compared with the new "criminal","Patent Law" and other laws and regulations on the requirements of this crime,great changes had taken place on some provisions assosiated with Counterfeiting Patent Crime in legal content.Although three Patent Laws and the new "Criminal" enacted after 1984 had formulate the act or crime of counterfeiting patent,but there are still a lot of controversial issues. Therefore, it is necessary to have a further understanding of the patent counterfeiting crime.So the patent counterfeiting crime of Qingke Machinery Factory in Zhejiang will be analysised for the typical case on patent counterfeiting crime and about to stimulate further discussion and better protection. this paper is contend about 20,000words and divided into five parts:Partâ… :The introduction. Dicusses the elements, standpoint of Prosecution and Defense and the controversial point of the case.Partâ…¡:The theory for the legal issues involved in the case through elaborate the concept of the offense, criminal elements and and the difference between non-crime act.Partâ…¢:The analysis for the typical case.The previous paper based on the theory be described in a detailed analysis of this case.Partâ…£:The consideration triggered by the case. Some feasible proposals will be posed to improve legislation and rights awareness.