The Establishing of Patent Crimes and Its Legislative Perfection

When establishing patent crimes,not only the principle of criminal necessity should be considered,the character of patent right itself should be cared as well. The principle of criminal necessity required that patent crimes should mainly regulate those offences which seriously harm public interest,and that the distinction of patent right acquiring and enforcing not only further justified the necessity of the crime of palm off,the crimes of malfeasance offended by state organ crews who engaged in patent administration,the crimes of revealing state secret caused by violating provisions for patent application,but also illustrate the need of treating acquire patent right in fraudulence as criminal offence. Uncertainty of validation and the range of protection of patent right,the individualism of internal constitution in patent system both demonstrate penal code should not embrace act of patent infringement. Although patent crimes needed have been nearly fixed,there exist some inertial lacuna between the provisions in patent law and criminal law as to patent criminal offenses. In the light of the amending of patent law would be more frequent than criminal law,so to maintain coordination between the said two acts and to facilitate judicial practices,we should integrate patent crimes based on the criminal law.