Criminal Protection of Patent Rights

Author: Yu Fumin
Publisher:
Publish Date: 2005-08-01
Features: When patent rights are infringed, rights holders often seek protection through patent administrative departments or civil litigation procedures. However, when facing severe counterfeiters, patent holders need criminal protection even more. Criminal litigation procedures not only freeze involved assets but also legally restrict the personal freedom of suspects and employ coercive investigative measures. This not only punishes the crime but also lays the foundation for patent holders to obtain economic compensation. At this point, patent holders whose rights have been infringed need expert assistance. This book is the first academic monograph in China dedicated to the study of criminal protection for patent rights since the Patent Law was enacted in 1984. From the perspective of combining basic theories of criminal law with judicial practice, the book conducts in-depth research on various aspects of the crime of counterfeit patents, including its constitutive characteristics, scope boundaries, joint offenses, forms of crime, and criminal protection procedures for patent rights (including civil lawsuits). It draws conclusions with theoretical significance and practical value for guiding the protection of patent rights. This book can serve as a reference for scholars engaged in teaching and research in related fields, as well as a guide for researchers, entrepreneurs, and others whose interests are threatened by patent infringement to protect their rights.