假冒专利罪

假冒专利罪辨析与质疑

A Discrimination and Question on the Offence of Palming off Patents

论假冒专利罪的客观要件

On the Objective Conditions for Passing off Patent Crime

试论假冒专利罪的犯罪客体要件

Analysis on Object of the Crime of False Patent

对假冒专利罪的澄清

Clarifying the Crime of Passing off the Patent

假冒专利罪疑难问题探讨

Knotty Problems of Falsifying a Patent

界定假冒专利罪的客体时，不应忽视该罪对消费者合法权利的保护。

To determine the object of passing off patent crime should not neglect the protection of consumers ' legal right .

准确适用假冒专利罪的法律规定，有赖于正确理解假冒专利罪的客观要件。

The accurate use of legal regulations of passing off patent crime depends on correct understanding of the objective conditions for this crime .

《刑法》分则中对假冒他人专利罪的规定十分笼统，使该罪在理论上和实践中均存有诸多争议。

The criminal offence of passing off the patent faces much dispute in theory and practice for its regulation in the specific provisions of the Criminal Law is very general .

我国刑法典分则对侵犯专利权犯罪的规定仅有假冒他人专利犯罪。而刑法典对于假冒他人专利罪的笼统规定使得该罪在理论上和实践中均存有诸多争议。

For a long time , the clause about the crime of falsifying patents is failed to illustrated fully in our penal code , which resulted in a great deal of dispute in practice as well as in theory .

目前，我国刑法学界在界定假冒专利行为时存在较大分歧，刑法对假冒专利罪的规定也存在不合理之处。

At present , there exists much divergence of views in defining the offence of palming off patents in the academic circle of criminal law , as well as the irrational points in the stipulation of " The Crime of Palming off Patents " in the criminal law .