A Positivist Study of Patent-counterfeiting Crime

Based on an interpretation of the identifying issues of crime and an analysis of within the whole patent law system,the article clarifies the concrete intension of illegal patent implementation,counterfeit of other's patent and patent fabrication,then analyses the accurate application of crime and finally discusses the legal outcome of the declaration of counterfeited-patent nullification after patent-counterfeiting practice judgment,shows the legal value of the nullification declaration procedure in the criminal action,and expounds the connection of the nullification daclaration procedure in the criminal action.