Research On Criminal Protection Of Patent

The patent protection should keep pace with the development of patent. However, the illegal behaviors of patent infringement are becoming increasingly rampant in our country. The present civil protection and administrative protection encounter so many difficulties to deal with the problems that it's urgent to strengthen the patent protection especially the criminal control of patent. The current Criminal Law in our country only lists "crime of counterfeiting a patent" in the patent crime, which regulate to a narrow extent. And viewed from current legal practice, the accusation is being severe non-performance. Therefore the outdated criminal protection of patent can't meet our needs.Based on the comparison and contrast of legislation systems in the foreign countries and the current situation of patent protection in our country, this thesis explores how to improve the criminal protection system of patent in our country, which consists of the following 3 parts:Part one, divided into 2 sections, is the introduction of criminal protection of patent. Section one presents theoretical basis of criminal protection of patent. The value objectives of patent system, content of the patent right and the concept and classification of the patent crime are also illustrated. Section two interprets the historical development and current situation of patent's crime protection from the perspective of criminal legislation in our country. And the constitution of crime of counterfeiting a patent is also introduced.Part two, divided into 3 sections, is about the legislative investigation of patent crimes in foreign countries. Section one introduces criminal legislation situation in developed countries represented by America, Britain, Germany and Japan. Section two, respectively from the aspects of legislative mode, accusation system, the establishment of criminal law and procedure of prosecution, compare the state of criminal legislation of patent home and abroad.Section three summarize the strength and weakness of the world-wide countries and reflect on the criminal legislation of patent in our country.Part three, divided into 2 sections, is about the current situation of patent's criminal protection in our country and perfect suggestion. Section one introduces the current situation of patent's criminal protection in our country, and point the weakness, and then briefly analyses the necessity and urgency of improving patent criminal protection system in our country from 3 aspects. Section two, based on the above-mentioned, puts forward some concrete legislative suggestions for the improvement of patent criminal legislation system in our country from the perspectives of legislative mode, identifying the charge, criminal penalty, the means of prosecution and so on.