关于设立"非法实施专利罪"的思考

在知识经济背景下,侵犯专利权的行为日益增多。这类侵权行为具有隐蔽性和较高的智能性,对社会造成的危害往往是巨大的。但是,中国刑法针对侵犯专利权的犯罪规定尚有空白之处,非法实施专利权的行为竟然没有纳入刑法规制的范围。文章对专利侵权行为的社会危害性进行了分析,论证了中国刑法设立非法实施专利罪的必要性和可行性。

On the Establishment of the Crime "Unlawful Use of Patent"

In the economy of intelligence, patent ownership is playing a more and more important role. Meanwhile, infringement of patent ownership is becoming widespread. Crimes involving such cases are more complicated and hard to be detected while its damage to the society is severe. However, the protection of patent ownership under Penalty Law in China still has some vacancy items, say, the unlawful use of patent is beyond its scope. This article analyses the damage to the society caused by the unlawful use of patents to suggest the necessity and feasibility of establishing the crime "unlawful use patent" .