Research On Penal Protection Of Chinese Patent

In such a technology to the founding era, inventions, technological innovation is particularly important. In this regard the patent system plays a huge role. Safeguard national patent system, earnestly safeguard the legitimate rights and interests of patent holders to develop our economy. However, to maintain and protect the legitimate rights and interests of the patentee today’s patent system relies primarily civil remedies and administrative remedies. But the face of the growing phenomenon of patent infringement, existing remedies have appeared to be inadequate. Criminal law as a protective "legal interest" last barrier, will play its due role. Of the Criminal Code only provides for the crime of counterfeiting patents, which obviously can not meet the increasingly complex and diverse patent infringement requires regulation. This article from the power and nature of patents, analyzes the current status of China’s criminal law of patent protection, combined with typical extraterritorial legislation several countries, put forward some proposals to strengthen the patent protection of criminal law. This paper is divided into four parts.The first part is to demonstrate the necessity and appropriateness of strengthening our patent protection of criminal law. This section is divided into three sections, the first section analyzes the patent capabilities and their properties; Section II of the protection of patent rights and other intellectual property protection for a systematic comparison; Section III necessity and on the appropriateness of doing a comprehensive exposition.The second part is the analysis of several typical national and extraterritorial important international treaties on patent legislation. This section is divided into three sections analyze the criminal law protection system common law countries patent; second section analyzes the criminal law system of civil law countries patent protection; Section III analyzes the two important international treaties and TRIPS TPP agreement on patent protection of criminal law provisions.The third part analyzes some Lack of patent protection on the current criminal law. This section is divided into four sections, the first section is the analysis of several patent infringement failed to incriminate serious condition; Section II of arguments about the scope of regulation of the crime of counterfeiting patents too narrow; III analysis is criminal law and administrative protection of patent protection disjointed phenomenon; our analysis is the fourth single of the penalty is set so that the rights of victims is difficult to get the fact that an effective remedy.The fourth part is some advice on patent-related crimes penalty set aspect mentioning. This part consists of three sections composed. The first section describes the criminal law to protect the value of our patents focus; second section focuses on the illegal exploitation of the patent act incriminated a number of recommendations; the third part of the sentence set in how to refine some advice.