중한 특허권의 형법보호에 관한 비교연구

Abstract

Patent right, as the right guarantee carrier of scientific and technological innovation achievements, plays an increasingly important role in international competition. Under the background of national innovation-driven development strategy, the requirements for judicial protection of patent right are constantly improving. In our country, the number of cases of patent infringement is increasing rapidly, and the means of infringement are diversified. In contrast, the criminal cases of patent infringement are rare, and the existing criminal protection of patent right is unable to effectively play the role of curbing patent infringement. Based on the problems existing in the criminal judicial protection of patent right, this paper makes a comparative analysis of the composition and current situation of the criminal regulation of patent right between China and Korea from the perspective of comparative law, so as to spy on the difficulties encountered in the criminal protection of patent right in China. On the basis of considering the experience of Korean patent criminal legislation, this paper puts forward the criminal legislative policy which is suitable for the national intellectual property innovation strategy. Based on this, we propose to perfect the patent criminal legislation in the aspects of crime setting, crime constitution and penalty setting, in order to promote the criminal protection of patent rights to further adapt to the development of intellectual property powers.