The Validity of Customs Records in Proving Patent Infringement and the Effects of Criminal Liability

Abstract

Through this study, we have examined the provisions related to criminal prosecution in cases of patent counterfeiting and their specific characteristics as mechanisms to protect the rights of inventors. The study is divided into three main elements. Firstly, we focus on the criminal liability of patent counterfeiting claims, specifically addressing the scope of this liability, the parties involved, and the circumstances under which the counterfeiters may be exempted from criminal responsibility. Secondly, we explore patent infringement offenses, including the procedures for pursuing such cases before the competent court and the examination of evidence related to these offenses. Lastly, we provide a detailed overview of the penalties prescribed for patent counterfeiting misdemeanors and the expiration of related claims. The objectives of this study are to explain the system of criminal responsibility for patent counterfeiting claims and to outline the procedures for criminal judicial follow-up of patent infringement crimes.