The Research On The Act Of Passing Off Patent

The third amendment of the patent law in 2008 stipulates the act of passing off patent in its article 63.As a kind of infringement of the rights of patentee,it infringes upon the legitimate rights and interests of the public and disturbs the normal order of the national patent administration.In recent years,more and more cases of passing off patent have occurred,and the country's fight against passing off patent has become even more severe.The paper starts with that the necessity to merge pass off the patent of another person and pass non-patent off as the patent into the act of passing off patent,and analyses the constitutive elements of the act of passing off patent,including its behavioral conditions,behavior patterns and the objects of infringement.Then through illustrating the difference between the act of passing off patent and patent infringement,this paper analyses the specific identificationof the two in practice.They have their own identification standard for different laws.No matter what kind of act,it is not the prerequisite for the establishment of another.When the actor's behavior is in accordance with the conditions of the act of passing off patent and patent infringement in the meanwhile,the actor should undertake the corresponding legal liability according to different articles of law.Then it analyses the legal liability of the act of passing off patent,including civil,administrative and criminal responsibility.At last,from the perspective of patent management,consumer and patentee,this article illustrates how to strengthen the fight against the act of passing off patent.That is strengthen administrative law enforcement of patent,supervision by consumers to the act of passing off patent and rights protection consciousness of patentee.