Comparative Study On The Patent Right Of The Criminal Law Protection

The intellectual property system was born to show a trend of expansion, so the legal construction on intellectual property protection has also experienced a constantly improvement from nothing and puniness accordingly.At present, the patent crime presents the trend of diversification, intelligence, destructiveness, and intellectual property strategy has risen tocentral strategic level. Therefore, it is warmly welcomed to strengthen the criminal protection of patent right. With the development of knowledge economy, the protection of intellectual property has become international.In the process of internationalization, consciously or unconsciously,some people think that the internationalized intellectual property is likely to be or has replaced the domestic intellectual property rights. They also advocated to learn the example of criminal protection of the patent right in other countries, especially the western developed countries,to intensify the criminal protection of the patent right and to expand the scope of criminal protection of the patent right. The intellectual property system is the result of man's limited rational choice and an institutional arrangement that affected by people's value goal, the corresponding development of science and technology and government action? In order to serve the national intellectual property strategy, the criminal protection of patent right, as an institutional arrangement,should take both the limit or range of fulfilling the obligation in the international protection of intellectual property rights and our rational reality into consideration. Through the comparative study on historical and current situation of criminal protection of patent right between our contry and other developed countries or regions, the criminal protection of patent right should be restricted, based on the provisions of the criminal protection that involved in the protection of patent right in the seventh chapter in "Patent Law"?the patent criminals in "Criminal Law" and theoretical starting point on basic position and tendency of Criminal Law.