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On The Criminal Law Protection Of Patent Rights In My Country

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WangFull Text:PDF
GTID:2436330572487025Subject:Law
Abstract/Summary:PDF Full Text Request
China has entered a period of rapid economic development.In order to maintain China’s sustained economic development,the most urgent task at the moment is to carry out industrial restructuring.The core is to build an innovative society and form a new pattern driven by technological innovation.With the rapid increase in the number of patent applications in China in recent years,the number of cases involving patent rights has grown rapidly.In the judicial practice of cracking down on patent crimes,it was found that China’s criminal law only established a crime of counterfeiting patents for infringement of patent rights,which seems to be somewhat inadequate for the criminal law protection of patent rights.Failure to more effectively regulate serious violations of patent rights will seriously undermine China’s economic management order.The original intention of this paper is to improve the criminal law protection of patent rights in China.By analyzing the current criminal legislation of patent rights in China,and drawing on the criminal law protection system of foreign patents,this paper rethinks the lack of regulation of patent crimes from the perspective of legislation and justice.The reason is that in the legislation,it tries to expand the scope of criminal law protection of patent rights,criminalizes impersonation of patents and incorporates counterfeit patent products into criminal objects,increases the corresponding "prohibition of employment" system,and refines the sentencing range of statutory punishment in terms of punishment.It is more focused on property punishment,thus further improving the criminal law protection system of patent rights,and providing some new ideas and references for curbing patent crimes.
Keywords/Search Tags:patent rights, perfect protection system, impersonation of patents
PDF Full Text Request
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