Discussion On The Criminal Law Protection Of Patent In China

Patent system,can be said to be the "propeller" of scientific and technological development of a nation."Huawei Folding Screen Mobile phone release","Hong Kong-Zhuhai-Macao bridge Opening","Chang ’e-4 running to the month","China’s high-speed rail running to the world",these scientific and technological achievements are inseparable from China’s patent system.However,although China has made many shiny world scientific and technological achievements under the escort of the patent system,but we should also admit that compared with the United States and other developed countries,there is still a large gap in high technology,and in the low-end goods there is still a large number of crude,imitation counterfeiting phenomenon.Therefore,from the perspective of criminal law,this paper examines the shortcomings of the current patent legal protection system in China,and makes a summary and perfect reference,and then puts forward some measures to improve the protection of patent law in China.This paper consists of the following parts:The first part,is the general consideration of the legal protection of patent rights.First of all,this paper introduces the concept and characteristics of patent rights,and gives an overview of the contents of patent rights,so as to pave the way for the following.Secondly,the administrative,civil and criminal protection methods of patent rights are discussed respectively,and the situation of three kinds of legal protection is analyzed by case data.Finally,from the horizontal comparison of three kinds of protection methods,criminal law protection is essential.The second part,systematically combs the current situation of patent law protection in China.This paper combs the present situation of patent criminal law protection from two levels of legislation and judicature:in criminal legislation,it focuses on the analysis of the concept of counterfeit patent crime and its constituent features,and summarizes the application of its penalty,and the judicial aspect focuses on the types of patent infringement,that is,the counterfeiting of other people’s patents,impersonation of patents,illegal enforcement of other’s patents three kinds of behavior,at the same time,the crime of counterfeiting patent and the above three kinds of acts of crime and non-crime of the session.The third part,focusing on the extraterritorial and China’s Taiwan patent rights criminal legislation protection legislation has been examined.This part is divided into four sections,the Patent law criminal protection legislation of the Anglo-American law system and civil law system representative countries,China’s Taiwan is introduced and comparatively analyzed.And in the end,it summarizes the enlightenment brought by the legislation of the above representative countries(regions)from the choice of legislative model,the crime and the punishment.The last part,is the focus of this paper,through the clarification of the basic concepts,the combing of domestic status quo system,and the horizontal comparison of different countries(regions)in the first three parts,the shortcomings of the criminal law protection of patent rights in mainland China have been drawn.And through the longitudinal summary and horizontal reference,the corresponding improvement countermeasures has been put forward.In the existing deficiency section,this paper compares the criminal law provisions of other infringement of intellectual property rights in mainland China,and the relevant provisions of the extraterritorial and patent crimes in Taiwan,and obtains the protection of patent law in mainland China which need to be perfected in four aspects of the choice of crime counts,the allocation of penalty,the setting of crime charges and the connection between administrative law enforcement and criminal justice.In the section of perfecting the protection of criminal law,in order to deal with the shortcomings of the above four aspects,this paper puts forward four kinds of countermeasures,such as modifying the crime pattern,optimizing the allocation of criminal law,increasing the related charges,and perfecting the connection between administrative law enforcement and criminal justice,and at the end gives the examples of the revision of the legal provisions with strong maneuverability.