Research On The Criminal Law Protection Of Patent

The patent is one of the main driving forces for promoting the development of national innovation, which, especially in science and technology, is the first factor leading the overall economic and social development of the nation. However, today the number and severity degree of patent infringement are gradually rising on a global scale. The previous mode that relies mainly on the civil and administrative measures to relieve the obligee has been unable to meet the needs of current situations, so the mode of the protection of the patent right is adopted by more and more countries and the final protection of it is strengthened gradually.However the insufficient protection of intellectual property rights especially patent right in our country has been under international pressure. Faced up with the severe domestic situation that the gradual increasing of patent infringement needs higher-level protection and the international requirements for improving the patent protection, the existing weak criminal law cannot meet the need. Therefore it is imperative to improve and strengthen the criminal law protection of patent right. On the basis of it, by analyzing the present situation of the criminal law protection of the patent right, the thesis obtains the defects in the field. It then theoretically analyzes the ambiguity in charges of offence of palming off patents, the deficiency of patent imitation and illegal implementing of other people’s patent in criminal legislation and the defects of low penalty. Also it draws lessons from the present situation of criminal law protection of patent in foreign countries. Finally, it suggests perfecting charges of offence of palming off patents, supplementing related charges and intensifying punishment.