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On the Criminalization of acts of bogus patents

Author: HuYiHai
Tutor: LiuLiNa
School: China University of Political Science
Course: Legal
Keywords: Bogus patent act Counterfeiting patent crime Criminal Rules Criminal Policy
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 50
Quote: 1
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Abstract


This article consists of three parts: the patent status and legal response to crime , criminal behavior norms perspective bogus patents crime and criminal policy vision of bogus patents behavior criminalized . The first part of the paper the characteristics of crime from the patent , the patent and patent protection policies criminal criminal protection challenges three aspects of the current situation of China's patent crime , a comprehensive analysis of the legislative process patent Criminal patent protection in China's economic policies and globalization patent protection in criminal legislation. The second part combines 2008 China's Patent Law Amendment right off the patent act , to redefine the behavior of bogus patents , analyzing patent counterfeiting , counterfeiting patents of others behavior , acts of counterfeiting patents , analysis of the three acts of the illegal nature of the social and bogus patents harmfulness ; from the perspective of criminal law norms criminal acts of counterfeiting patents rationality , respectively, from the criminal elements of the object , objective elements of crime , the main elements of crime , crime analysis of four aspects of subjective elements to achieve bogus patents criminalization of specific acts constitute a crime . The third part of the paper from the perspective of criminal IPR policy investigate patent protection value orientation of criminal legislation , criminal behavior demonstrated to achieve bogus patents of practical significance ; combined with our existing Criminal Code legislation model , analysis of the criminal acts of counterfeiting patents legislative mode selection ; from the cost of crime to achieve maximum benefit point of view of combating crime patent patent criminal penalty set for the criminalization of counterfeiting patents and counterfeiting patents provide a reference perfect crime .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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