侵犯专利权犯罪若干问题分析.docx

Abstract
This article is about an infringement patent crime paper. Infringement patent crime is not only to the patent holder legitimate rights and interest’s infringement, moreover to socialist market economy order destruction. Along with market economy's fast development, infringement patent crime quantity assumes unceasingly the trend of escalation. Facing patent crime day by day serious, in our country criminal activity legislation and the judicial interpretation have too many problems to tackle about the patent crime's stipulation in the judicial practice. Based on this, the author chooses "Infringement Patent Certain Question Research" takes the master's degree paper, attempts to encroach upon patent crime certain questions to carry on the system thorough analysis. The full text altogether divides into three parts:
The first part is to encroach upon the patent crime the outline. This part first limits the patent the concept and the basic content. Then limits infringement patent crime generalized and narrow concept, and analyzes infringement patent crime the present situation and the characteristic.
The second part is to pretend certain hard problems which in the patent crime exists to carry on searches initially analyzes. Is this part including six aspects, whether there is respectively pretends in the patent crime the mit question, a crime and the number crime question, implements the behavior to recognize the question, “score a lucky hits” pretends to be the patent behavior to be punished the question, the counterfeit patent behavior and pretends to be the patent behavior the boundary and pretends to be the patent behavior qualitative question and the circumstance serious illegal implements other people patent behavior to be punished the question. In whether there is the mit question, did this article think that should embark from the patent criminal activity protection actual need, should through recognize correctly one of counterfeit patent crime's cons