The Perfection Of Criminal Legal Protection Of Patent Rights

2017 World Intellectual Property Day theme: "innovation,change life." Every day,ordinary people create extraordinary new things,and make the world a better place.A variety of innovative forms,some bland,some are wonderful: in Peru,the invention of the billboard can collect moisture in the air and provide clean drinking water for local people;in the United States,3D printing technology can reconstruct the damaged human tissue;in China,you can use the graphene battery a few minutes to put the battery full;in Russia,tip aid technology could help people with disabilities to complete the daily life and occupation task etc..Innovation makes our lives healthier,safer and more comfortable.Innovation here essentially refers to the patent,the birth of innovation patents,patents change life.However,the reality is accompanied by a great deal of patent infringement.If in the new period,our country can not effectively curb the illegal acts of patent infringement,will definitely affect the good competitive environment of socialist market economy,leading to advanced technology,advanced technology and related industries exit,growth of our country,hindering the healthy development of the national economy.In our country,after the patent infringement case occurs,the patent holder provides three forms of legal protection,namely,administrative relief,civil relief and criminal relief.This article studies how to perfect the criminal law protection of patent rights in China so as to match the economic development.Criminal law protection is the last line of defense for patent infringement,and plays an important role in the whole intellectual property protection system.Therefore,this article is divided into five parts in the structure and content: the first part summarizes the criminal protection of patent rights,and introduces the historical origin and development of the criminal protection system of patent rights in foreign countries and China respectively.From the point of view of legislation and judicature,thispaper expounds the current situation of the criminal law protection of patent rights in China at the present stage.Finally,starting from the practice of the patent rights protection of the Netac Co,the necessity of the criminal protection of patent rights is explained.The second part from the perspective of jurisprudence and the fight against patent crime criminal legislation is analyzed,the concept and crime on the only stipulation in criminal law of patent infringement crime,the crime of counterfeiting the patent which made the analysis,and emphatically analyzes the law in"counterfeiting patent" and "serious" specific meaning.In judicial practice,from the current judicial interpretation of further analysis of the behavior characteristics of the crime of counterfeiting the patent,and discusses how to reasonable division in the judicial practice of the crime of counterfeiting the patent "and other related charges.The third part points out and analyzes China's current criminal law protection of patent right facing the defects and challenges,points out that should be included in the protection of criminal law and has not been included in the patent crime,and illustrates the necessity of the regulation of criminal law,criminal law protection of the patent right at the end of reflection.The fourth part is the extraterritorial exploration of the criminal protection of patent rights,which are compared and analyzed from three aspects of the legislative model,the system of accusation and the penalty settings,and puts forward the content which is beneficial to us for reference.The fifth part is the patent right protection of criminal law recommendations and reflection.After a comprehensive consideration and analysis of various factors,this paper probes into the legislative modification of the crime of counterfeiting patent and the illegal addition of another person's patent crime,and analyzes the problem of the disposition of the penalty.