The constituent elements of the crime of patent counterfeiting:
1. The subject of this crime is a general subject;
2. The subjective aspect can only be intentional;
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3. The object of the infringement is the normal activities of the national patent management department and the patent rights of units or individuals;
4. Objectively, there is a violation of national patent management regulations, and the validity of the law is valid Within the period, it is a serious act to counterfeit a patent that another person or unit has applied to the national patent authority and been approved after review.
Legal Basis
Article 216 of the "Criminal Law"
Whoever counterfeits other people's patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. A fine may also be imposed or a fine may be imposed.
Article 13
Anything that endangers national sovereignty, territorial integrity and security, splits the country, subverts the power of the people's democratic dictatorship and overthrows the socialist system, and undermines social and economic order, Infringement of state-owned property or property collectively owned by the working people, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, as well as other acts that endanger society and should be punished in accordance with the law are all crimes, but If the circumstances are obviously minor and the harm is not great, it will not be considered a crime.