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将专利标记制度仅从权利角度加以规定具有诸多弊端,但将其硬性转化为义务的做法又不利于法的认可,在逻辑上也存在矛盾,加大了权利人行使权利的难度。将专利标记权规定为义务性权利是完善专利标记制度的理性选择,我国法律应从权利与义务双重角度对专利标记制度加以规定。
There are many drawbacks to specifying the patent marking system only from the perspective of rights. However, turning it into a mandatory obligation is not conducive to the recognition of the law. There are also logically contradictions and it is more difficult for the right holders to exercise their rights. The definition of patent labeling right as a voluntary right is the rational choice of perfecting the patent marking system. Our law should stipulate the patent marking system from the perspective of rights and obligations.