On The Criminal Law Protection Of Patent Right

Patent infringement is becoming more and more prominent in our country,and our country still mainly depends on administrative litigation and civil litigation to remedy and guarantee,from the point of view of ensuring coercive force is obviously insufficient.Therefore,how to further strengthen the criminal law protection of patent rights in China has positive significance.In the provisions of our country's criminal law provisions,there are not many protection provisions on patent infringement,at present only "counterfeit patent crime" this single crime.Such a provision alone is clearly unable to deal with the serious infringement of patent rights that continues to occur in reality.From the perspective of the criminal law protection of patent right,this paper discusses the criminal law protection of patent right in judicial practice,and draws lessons from the experience of foreign countries,and discusses how to protect patent right from the perspective of criminal law.The article is mainly divided into the following six parts.The first part is the introduction part,the introduction part is divided into four summary,respectively,according to the research background,research significance and research status of patent criminal law protection,and from the literature research method and comparative analysis method to analyze the criminal law protection of patent rights.The second part is the overview part.Firstly,the concept and basic contents of patent right are introduced,and then the legislative process of patent right criminal law protection is briefly introduced.The third part is the present situation analysis of the protection of patent right criminal law in China.This paper analyzes the present situation of patent protection in the criminal law of our country,mainly introduces the concept of the crime of counterfeit patent,the composition of the crime and its penalty result,and then analyzes and studies the present situation of patent protection in criminal law,especially the judicial practice of counterfeit patent crime.The study of the present situation of legislation also lays a solid foundation for the perfection of legislation and the perfection of justice.The fourth part is the deficiency of criminal law protection of patent right in China.This part mainly introduces and analyzes the deficiency of the criminal law protection of patent right in our country from the aspects of legislation,from the aspect of legislation,there are great deficiencies in the crime of counterfeiting patent,in addition,there are no effective penal measures to regulate the act of impersonating patent and illegally carrying out patent of others.The fifth part introduces the experience of protecting the criminal law of extraterritorial patent right.This part first analyzes the current situation of the legislation on the protection of patent right criminal law,mainly analyzes the common law system,the civil law system and the measures on the protection of patent right criminal law in Taiwan,and then draws the legislative enlightenment to the protection of patent right criminal law in China.From the point of view of legislative enlightenment,it is necessary not only to perfect the legislative model,but also toperfect the setting of charges,to stipulate full criminal responsibility,and to ensure the implementation of the criminal law protection of patent rights.The sixth part is the countermeasures and suggestions to improve the protection of patent right criminal law in China.The article holds that the existing legislation should be improved first,the comprehensive legislative model should be adopted,and the existing crimes should be amended and perfected;secondly,the penalty should be allocated more scientifically and reasonably;secondly,the criminal constitution and penalty allocation should be defined in order to set up the crime of illegal patent application and crack down on the illegal patent application.