Query the Legislation of Patent Crimes
Wang Wei
Abstract
Wang Wei
Abstract
Based on the factual analysis on the crime of falsifying others' patent provided by the Criminal Law,the paper analyses the defects of the legislation,and focuses on the serious social harmfulness and the necessity of criminalization of the patent infringement act,the patent pretending act and the act of willful selling patent infringing commodities.With this as the foundation,the authors reflects on the crime system and penalty system to patent crimes,and put forward the idea that our criminal law shall prescribe the crime of false patent marks,the crime of invading patent rights and the crime of willful selling patent infringing commodities.
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Based on the factual analysis on the crime of falsifying others' patent provided by the Criminal Law,the paper analyses the defects of the legislation,and focuses on the serious social harmfulness and the necessity of criminalization of the patent infringement act,the patent pretending act and the act of willful selling patent infringing commodities.With this as the foundation,the authors reflects on the crime system and penalty system to patent crimes,and put forward the idea that our criminal law shall prescribe the crime of false patent marks,the crime of invading patent rights and the crime of willful selling patent infringing commodities.
Key concepts: Criminalization, Legislation, Law, Criminal law, Business, Patent law, Law and economics, Political science