2011Tianjin Legal ScienceRequires access

On Acts of Counterfeiting Patent——Thoughts on the Article 63 of the Patent Law 2008

LI Guo-qing

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Abstract

Article 63 of the Patent Law 2008 amended the regulations of acts of counterfeiting patent and bogus patent in the original Patent Law 2000 and provides legal liability for acts of counterfeiting patents.Compared with Patent Law 2000,there is certain advantage in Article 63 of the Patent Law 2008 but the act of counterfeiting patent is an act which is detrimental to the public interest,so it should not bear civil liability,but should assume the administrative responsibility and criminal liability.Moreover,Patent Law should allow the implementation of the illegal acts of counterfeiting patent to bear the administrative responsibilities of confiscation of illegal property.

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What this paper is about

Article 63 of the Patent Law 2008 amended the regulations of acts of counterfeiting patent and bogus patent in the original Patent Law 2000 and provides legal liability for acts of counterfeiting patents.Compared with Patent Law 2000,there is certain advantage in Article 63 of the Patent Law 2008 but the act of counterfeiting patent is an act which is detrimental to the public interest,so it should not bear civil liability,but should assume the administrative responsibility and criminal liability.Moreover,Patent Law should allow the implementation of the illegal acts of counterfeiting patent to bear the administrative responsibilities of confiscation of illegal property.

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Available abstract

Article 63 of the Patent Law 2008 amended the regulations of acts of counterfeiting patent and bogus patent in the original Patent Law 2000 and provides legal liability for acts of counterfeiting patents.Compared with Patent Law 2000,there is certain advantage in Article 63 of the Patent Law 2008 but the act of counterfeiting patent is an act which is detrimental to the public interest,so it should not bear civil liability,but should assume the administrative responsibility and criminal liability.Moreover,Patent Law should allow the implementation of the illegal acts of counterfeiting patent to bear the administrative responsibilities of confiscation of illegal property.

Key concepts: Patent law, Confiscation, Business, Patent troll, Law, Liability, Criminal liability, Intellectual property

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