Legislative Comparison And Improvement Of Criminal Law Protection Of Patent Right

At present，the knowledge economy of China develops rapidly，and the patentedtechnology and innovations of China are also experiencing an unprecedented leapforward．But behind the rapid development is the growing number of patentinfringement cases．To solve the patent infringement cases, we always choose to usethe civil law as the main principle，while with a combination of administrativeremedies．The Penal Code is only a supplement way for the crimes of counterfeitingpatent．However，in this main principle，the patent infringement cases rise still fast，the forms and types of patent infringement cases are constantly refurbished，civilpenalties has been unable to curb the occurrence of patented crimes．If we want toprotect the legitimate interests of the patent owner more effectively or maintain thepatent market orderly，we need to use the Penal Code as the final protection line fordefense．Our patent protection for criminal is not without, but not enough．Only onepatent crime statute in the Penal Code has been unable to solve the new typespatented crime．Therefore，mastering the developed vein of our patent criminallegislation system，probing the current situation of our patent protection legislation，comparing with the other countries and areas to perfect our patent criminal protectionsystem are the main research questions of this paper．Addition to the introduction ofthis article，the content is divided into three parts．In the first part，I set out the overview of patent protection of criminal law andthe important reasons to use criminal law to protect patent. After the IndustrialRevolution，the world’s major developed industrial countries have started to pay moreattention to the patent protection．With the world trade strengthening, using criminallaw to protect patent rights is becoming a growing consensus in the world．China’spatent system was established relatively late，and our legislative mode or content arealso learn parts from the other countries．As one of the intellectual property rights，thepatent right has high economic value and social value． I think the patent right is anexclusive right to its owner，it’s a kind of intangible asset．Compared with the traditional tangible property，its economic value may be higher．But affected by itsown characteristics，patented crimes are more subtle and difficult to detect．So itrequires a more comprehensive legal protection．When other branches of law can noteffectively control the patent infringement occurred，then it needs the Penal CodeLaw as a guarantee given greater protection．This is not only the requirement to buildChina’s high-tech economic society， but also the requirement to fulfill ourinternational obligations．The second part I analysis the criminal legislation for patent infringement of theworld’s major developed countries and regions．Comparing with different legalsystems，we can see that there have many different places in legislative modesettings，and the provisions of criminal charges．This carries a foreshadowing to thefollowing analysis of the lack of our country’s patent franchise protection legislationon the Penal Code and the ways to perfecting our Penal Code for the protection of thefranchise legislation．The last part，basis on the comparison and analysis of the former text，I think thatthere are some flaws in our criminal legislation for the protection of the patentright．For example，China’s single legislative model can not meet complexity of thepatent infringement，the scope of the charges setting on is too narrow and so on．Sowe need to think about how to find the path to solve and improve the criminal systemof patent protection．...