Research On Penal Protection Of Chinese Patent

With the increasingly serious patent infringement, it’s not powerful enough tomainly rely on civil and administrative relief; how to strengthen the penal protection ofpatent has become more important. However the Penal Code only stipulates the“counterfeit patent crime ", which can’t meet the needs of the penal protection of patent.This paper combines the status quo of the penal protection of our country’s patent andprobes into the perfection suggestions based on the comparison and reference of foreignpenal protection system of patent. This paper consists of three parts:The first part: overview of the penal protection of our country’s patent. This part isdivided into two sections. The first section introduces the evolution and expounds theperfection process of the penal protection system of our country’s patent. The secondsection introduces the legislative status quo of penal protection of patent; analyzes theconcept, crime constitution, and application of penalties.The second part: the legislative investigation of the penal protection of the patentin foreign countries and Taiwan. This part is divided into four sections. The first threesections introduce the penal protection system of the patent in the common law system,civil law system and Taiwan from three aspects respectively, i.e. the system ofaccusation, penalty setting and prosecution approach. The forth section compares andstudies Chinese and foreign penal protection system of patent from these three aspectsto reveal the deficiencies of the penal protection of our country’s patent.The third part: the defects and improvement of the penal protection of ourcountry’s patent. This part is the core of the paper, which is divided into three sections.The first section introduces the improvement of the counterfeit patent crime, andproposes all-around suggestions aimed at the improper crime description, theunreasonable penalty and the unfavorable relief of infringe. The second sectionintroduces incrimination of the illegal use of others’ patent and analysis the necessity ofincrimination from five aspects, which are the contrast of counterfeiting registeredtrademarks crime, content of patent, defects of weak patent protection mode in our country, comparison with the patent protection system of United States, theenforcement situation of patent law. The third section introduces integrated system oflaw-enforcement agencies and puts forward suggestions to improve the cooperation ofthe law enforcement.