论网络专利权的刑法保护

The Criminal Protection Of the Patent on the Net

在网络上某一端专利权的运用可能侵犯到另一端所在国家中的专利权,也可能一项发明创造在网络某一端受到专利法的保护,而在网络另一端则该发明创造早已经进入了公有领域。网络专利权在需要由民法、行政法、经济法调整的同时,将日益需求刑法的调整。在网络环境下,侵犯专利权犯罪的犯罪对象、犯罪客观方面均产生了很大的变化,现行刑事立法的规制已明显不足,笔者建议尽快修订相关法律法规或对现有规范进行有权解释,加大对网络专利权的刑法保护力度。

The patent which is used by a terminal on the net may impinge tlae omer country＇s patent which is in the country, or it may be that an invention is protected by patent to one terminal on the net , but to other one on the net, it has entered public field. The patent on the net not only need to be regulated by civil law,administrative law and economic law, but also need to be regulated by criminal law. Under the network environment, a lot of variety has emerged in the criminal target , the objective aspect of crime, the current criminal legislation has been insufficiency. The author suggest that we should revise the correlative law or＂ statute, or explain tentatively the crime of the tort as early as possible, to increase the extent of the criminal protection of the patent.