1. What is the crime of counterfeiting patents? The crime of counterfeiting patent refers to the act of violating national patent laws and regulations and counterfeiting other people's patents, which is serious. The crime of counterfeiting patent has the following characteristics: 1. The subject of the crime of counterfeiting patent is a general subject, which can be composed of enterprises, institutions and individuals. 2. The subjective aspect of the crime of counterfeiting patent is intentional, which generally has the purpose of illegally obtaining economic benefits, but some of it is aimed at damaging the reputation of others and destroying the patent rights of others. For what purpose does it not affect the establishment of the crime of counterfeiting patents? 3. The crime of counterfeiting patent is objectively manifested as a serious act of violating the national patent management regulations, counterfeiting patents granted by others within the validity period of patents stipulated by law, and infringing on the patent rights and interests of others. There are many ways to counterfeit patents, including the following: cheating registered patents and using others' patents; Marking other people's proprietary marks or patent numbers on non-patented products or patents; Counterfeiting other people's patents, stealing other people's patents, carrying out other people's patents without authorization, deliberately trafficking in products with counterfeit or altered patents, forging or making other people's patent marks without authorization, deliberately selling forged or unauthorized patent marks, importing products with counterfeit patents, and passing off patents. Serious circumstances are the necessary elements of the crime of counterfeiting patents. If the circumstances are serious, it means that the means of counterfeiting others' patents are bad, and the amount of illegal profits is relatively large, which has caused great damage to the patentee or the country and caused adverse effects at home and abroad. 4. The object of the crime of counterfeiting patent is the patent ownership of others. Patents can be divided into three categories: invention patents, utility model patents and design patents. Patent right, that is, intellectual property right, is an intangible property right, which is listed as the most important right in industrial property rights internationally. The state implements unified management of patents, forms a patent system, protects the right of technological invention, encourages invention and creation, and promotes the popularization and application of technological inventions. The act of counterfeiting others' patents not only infringes on the national patent system, but also infringes on the interests of the patentee. Second, how to identify the crime of counterfeiting patents 1? The actor not only imitates others' patents, but also uses others' patents to produce and sell fake and inferior commodities, which belongs to the crime of absorption. Because the production and sale of fake and inferior commodities that counterfeit other people's patents are part of counterfeiting other people's patents, and the former behavior is after absorption, only the behavior of the perpetrator is determined to constitute the crime of counterfeiting patents, and the punishment is heavier, rather than combining punishment according to several crimes. 2. The actor is counterfeiting the patent of others and the registered trademark of others, which meets the requirements of two crimes and should be punished with both crimes. 3. The actor shall be convicted of counterfeiting other people's patents, registered trademarks and producing and selling fake and inferior commodities. Counterfeiting others' patents and registered trademarks is the premise, producing or selling fake and inferior commodities is the result, and the latter is absorbed by the former, but counterfeiting others' patents and registered trademarks are two independent acts. Therefore, the behavior of the actor not only counterfeiting other people's patents and registered trademarks, but also producing and selling fake and inferior commodities should be punished according to the crime of counterfeiting patents and counterfeiting other people's registered trademarks.
Legal objectivity:
I. What are the characteristics of the crime of counterfeiting patents 1. The subject of this crime is a general subject, which can be composed of enterprises, institutions and individuals. 2. The subjective aspect of this crime is intentional, generally with the purpose of illegally obtaining economic benefits, but some of it is aimed at damaging the reputation of others and destroying the patent rights and interests of others. For what purpose does not affect the establishment of this crime. 3. This crime is objectively manifested as a serious act of violating the national patent management regulations and passing off the patent granted by others within the validity period of the patent stipulated by law. Second, what acts belong to the act of counterfeiting patents? Article 84 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates: "The following acts are acts of counterfeiting other people's patents: (1) without permission, marking the patent number of another person on the product or product package manufactured or sold by it; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents. Serious circumstances are an essential element of this crime. If the circumstances are serious, it means that the means of counterfeiting others' patents are bad, and the amount of illegal profits is relatively large, which has caused great damage to the patentee or the country and caused adverse effects at home and abroad. 4. The object of this crime is the patent ownership of others. Patents can be divided into three categories: invention patents, utility model patents and design patents. Patent right, that is, intellectual property right, is an intangible property right, which is listed as the most important right in industrial property rights internationally. The state implements unified management of patents, forms a patent system, protects the right of technological invention, encourages invention and creation, and promotes the popularization and application of technological inventions. The act of counterfeiting others' patents not only infringes on the national patent system, but also infringes on the interests of the patentee.