Criminal and Digital Protection of Patent Rights: A Comparative Legal Analysis
摘要
The significance of legal protection for patents cannot be overstated for multiple reasons: innovations play a crucial role in revitalizing both national and global economies, and such protection incentivizes inventors to seek out new advancements, thereby fostering progress, development, and enhancement across various life domains. In the realm of comparative law, legal safeguards for patent rights include civil, criminal, procedural, and digital protections. This research concentrates on the criminal and digital aspects of patent rights protection from diverse viewpoints. The central issue of this study is evaluating the sufficiency of legal provisions concerning criminal and digital protections in defending patent rights against the multitude of infringement types. We employed both descriptive and analytical methods for our investigation. Our analysis covered criminal activities affecting patent rights, such as patent imitation, attempts to violate patent rights, and associated criminal liability, along with the influence of digital technologies on patent safeguarding. As a result, we arrived at several conclusions and suggestions, the most notable being that an invention receives legal protection only from the moment it is registered. A prominent recommendation is to create a specialized judicial chamber within standard courts to handle intellectual property matters, including those pertaining to patent rights, while emphasizing the incorporation of digital tools and technologies.