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专利权保护对于鼓励发明创造、促进科技进步具有重大意义。对专利权实施刑法保护,有其法理依据和现实依据,也是国际通行做法。随着我国经济社会快速发展,专利法作出了多次修正,但相应的刑事立法依旧没有改变。近年来,涉及专利权的违法犯罪行为日益增加,在司法实践层面带来了诸多困难。为改变这种现状,必须加强专利权的刑法保护。为此,建议采取结合型立法模式,加强相关立法,将罪名设置清晰化,明确专利侵权犯罪,以财产惩罚为主要刑罚。
Patent protection is of great significance to encouraging invention and creation and promoting scientific and technological progress. The enforcement of criminal law on patent rights has its legal basis and realistic basis, and is also an internationally accepted practice. With the rapid economic and social development in our country, the Patent Law has made many amendments, but the corresponding criminal legislation remains unchanged. In recent years, the increasing number of criminal activities involving patent rights has brought many difficulties in judicial practice. In order to change this situation, we must strengthen the criminal law protection of patent rights. To this end, it is recommended to take a combination of legislative model to strengthen the relevant legislation, the charges set clear, a clear patent infringement crimes, property punishment as the main penalty.