Infringes The Patent Crime

This article is about an infringement patent crime paper. Infringement patent crime is not only to the patent holder legitimate rights and interest's infringement, moreover to socialist market economy order destruction. Along with market economy's fast development, infringement patent crime quantity assumes unceasingly the trend of escalation. Facing patent crime day by day serious, in our country criminal activity legislation and the judicial interpretation have too many problems to tackle about the patent crime's stipulation in the judicial practice. Based on this, the author chooses "Infringement Patent Certain Question Research" takes the master's degree paper, attempts to encroach upon patent crime certain questions to carry on the system thorough analysis. The full text altogether divides into three parts:The first part is to encroach upon the patent crime the outline. This part first limits the patent the concept and the basic content. Then limits infringement patent crime generalized and narrow concept, and analyzes infringement patent crime the present situation and the characteristic.The second part is to pretend certain hard problems which in the patent crime exists to carry on searches initially analyzes. Is this part including six aspects, whether there is respectively pretends in the patent crime the attempted commit question, a crime and the number crime question, implements the behavior to recognize the question, "score a lucky hits" pretends to be the patent behavior to be punished the question, the counterfeit patent behavior and pretends to be the patent behavior the boundary and pretends to be the patent behavior qualitative question and the circumstance serious illegal implements other people patent behavior to be punished the question. In whether there is the attempted commit question, did this article think that should embark from the patent criminal activity protection actual need, should through recognize correctly one of counterfeit patent crime's constitutions important documents "the circumstance is serious" the moderate investigation right infringement person's criminal attempt responsibility. In the crime number question, this article first analyzes both pretends other people patent and to produce pretends other people patent the shoddy goods behavior crime number question, thought that two behavior constitutions implicate the relations, should according to implicate violates handling; Then analyzes the author forge patent Administrative service division's seal, the typesetting and printing other people letter patent, patent document's writing, the design, then in the forge certificate, the document text cap the seal to complete the forge letter patent, the patent document behavior crime number question again, thought that the two belong to the criminal law imagination to compete gather the commit. In implements the behavior to recognize in the question, this article thought that "forge or forges other people's letter patent, the patent document or the patented claim document" treats as this crime to implement the behavior to have loses biased, can only take this crime's preparation behavior. Finally the union case to pretends the patent behavior and pretends to be the patent behavior to carry on the discrimination, and right "score a lucky hits" pretends to be the patent behavior and the circumstance serious illegal implements other people patent behavior to be punished the question to carry on searches analyzes.The third part is to consummate our country patent the criminal law protection system to propose certain conception. This article first inspects the related country and the area to the patent crime legislative stipulation and the criminal punishment, then unifies our country actual situation, proposed that certain consummates legislative the conception. These conceptions are: The suggestion additionally builds certain charges, "illegal implements including the addition other people patent crime" and "will score a lucky hit" pretends to be the patent behavior to integrate in the counterfeit patent crime; the reform penalty establishes, enlarges the fine punishment suitable dynamics and the addition qualifications punishment.