Research On Criminal Law Protection Of Patent Right

Through the rapid development of socialist market economy,patented technology is also playing an increasingly important role in production and business activities,and there are more and more cases of patent infringement.However,the patent protection in this country is still weak,mainly because civil or administrative sanctions are imposed on the infringers,which makes the protection of patents relatively weak and makes it more urgent to improve the criminal protection of patents in China.There are relatively few criminal provisions on patent protection in China’s current Criminal Code,which only covers one kind of crimes related to patent protection,that is,the crime of patent forgery.However,it is obvious that it is not enough to control patent infringement only according to the crime of forgery.This document aims to strengthen the criminal protection of patents,and is divided into four main parts,taking into account the current situation of patent infringement in society and the restrictions of criminal activities in judicial practice.Firstly,it analyzes the development process of patent criminal protection and judicial practice,and analyzes the existing limitations of patent criminal protection in China by analyzing common judicial practice examples and judicial data.The second is to analyze and study the definition of crime in criminal patent protection.After briefly introducing the current patent crimes in China,this paper analyzes the criminal conviction of patent crimes in the current Criminal Law,and puts forward some suggestions for improvement.This is also an analytical study on the implementation of punishment in criminal patent protection.After briefly introducing the current criminal law provisions on patent crimes in China,this paper analyzes the legal problems caused by the current criminal law provisions on patent crimes,and puts forward some preliminary suggestions for improving these provisions.Finally,this is a study on the relationship between the implementation and protection of criminal patent standards.Firstly,this paper briefly introduces the current situation of patent criminal protection law enforcement links in China,then analyzes the problems of patent criminal protection law enforcement links and puts forward some preliminary suggestions for improvement.In the process of improving the criminal protection of patents,we should first strengthen the criminal conviction of patent crimes,and adopt a comprehensive legislative model to adapt and complement the patent crimes in the current criminal law;Second,the punishment for patent crimes must be more scientific and reasonable to ensure effective prevention and control of patent crimes;Finally,it is necessary to strengthen the connection between the criminal law and the administrative law of patent-related crimes,to ensure that the infringement that meets the requirements of patent crimes is under the jurisdiction of the criminal law,and to realize the standardized operation of patent criminal protection.