假冒他人专利

假冒他人专利之界定

Definition of Patent Forgery

假冒他人专利、冒充专利与侵犯专利权行为辨析&兼谈专利法第三次修改

Discrimination between Counterfeiting Other 's Patent , Imitating Patent and Patent Tort & Concurrently Talking About the 3rd Revision of the Patent Law

假冒他人专利在实践中的表现形式尽管多种多样，但其实质则在于将一项不享有专利权的产品或方法冒充专利权人的专利产品或者专利方法。

The performance of the offence of passing off the patent is multifarious , but its essence is imitating others ' patent products or means .

《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 .