论文部分内容阅读
专利权的私权属性是否排除专利行政执法,这一直是理论界和实务界争议的热点问题。从法理上看,专利权作为私权,有权获得私力和公力救济,后者自然包括行政执法;从实体法上看,专利权作为私权,与传统的民事权利存在明显差异,不能简单套用民法原理;从程序法上看,亦不能完全适用民事程序,而是要增加行政与刑事程序的救济途径;从发展趋势上看,采用专利行政执法加强专利权保护,既是很多国家的共同选择,也是专利权保护的世界潮流。
Whether the private right property of a patent excludes the patent administrative law enforcement has always been a hot issue in the controversy between theorists and practitioners. From a legal point of view, as a private right, a patent right has the right to private power and public relief, which naturally includes administrative law enforcement. From a substantive point of view, as a private right, patent rights are obviously different from traditional civil rights and can not be simple Apply the principle of civil law; from the procedural law point of view, it can not fully apply civil procedures, but to increase the remedial approach to administrative and criminal procedures; from the development trend, the use of patent administrative law enforcement to strengthen patent protection is not only the common choice of many countries , But also the world trend of patent protection.