论假冒专利罪的立法完善-法律专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract As the development of high technology and the sustained growth of intellectual property value, patent crimes are becoming more and more serious and complicated. In a mere three decades, the patent system of criminal protection research in China has achieved fruitful results. The crime of counterfeiting patent is the only accusation of patent system and protected by China criminal, which contributed a lot to made our country into an innovative country construction. However, we should also be aware that the legislation of the crime of counterfeiting patent is unsatisfactory in many ways. This paper work hard to study the legislation of crime of counterfeiting patent problem. Since the crime of counterfeiting patent entered into criminal law system, the differences and disputes in the theory and practice circle had never stopped. Besides the two major issues as the definition of patent forgery behavior and fake patent crime, it even includes the dispute on whether we should delete it. From the Public Security Bureau of investigation and the court trial ways, in recent years, the cases numbers with trademark counterfeiting and other criminal have increased, but the file of crime of counterfeiting patent is almost zero, and with regard to filling a law suit and judgment, they are very rare. The above is the background of this article. We take the legislation of the crime of counterfeiting patent as the research object. Firstly, we introduce concepts related to the crime of counterfeiting patent and its present situation of legislation; secondly, by analyzed and summarized of the foreign countries and other areas of the patent crime legislation, we will use the merits for reference; in the third part of this article, we will have a concrete analysis on the following four aspects: Chinas legislation of the crime of counterfeiting patent defects from the legislative mode, system of accusation, crime, penalty; in the last