A Study On Patent Conflict Of Laws

The patent conflict of laws is refer to that the regulations of the patent laws from two or more than two law regions are different while they are both applicable which gives rise to the conflict of application of laws. With the whole world economy, science and technology integration course being accelerated, foreign-concerning disputes on patent rights are emerging in an endless stream. It is necessary to break through the restriction on the regional theory of patent rights establish and perfect private international law which includes the conflict law of patent rights, otherwise, the big amount of foreign-concerning disputes of patent rights will not be solved effectively in a judiciary way.The article analyzed the essential root of the regional characteristic of patent rights and the influence to the conflicts of patent rights by the means of comprehensive research, practical research and contrastive research and pointed out that the close interaction between countries has made the establishing and perfecting the regulations of patent conflict law which is used to solve the transnational disputes of patent rights becomes an actual need. The article also put forward the methods of resolving the disputes of patent rights and raised some suggestions about relative legislation about patent conflict of laws in China.This article is constituent of six chapters. Chapter One discussed the fundamental issues of the patent rights and the rules of patent rights, which based on the angle of the theories and rule obstacles of the conflicts of laws of patent rights. The detailed content included the nature, content, characteristic of the patent rights and the justifiability of the patent legal system.Chapter Two elaborated the nature, history, conditions and settlement of the conflict of laws.Chapter Three compiled various theories about the patent conflict of, analyzed the formation cause of the patent's regional characteristic, clarified the theoretical foundation of breaking through the regional characteristic of patent and pointed out thenecessity of the vanishment of the regional characteristic of patent. Nowadays some countries have already broken through the regional characteristic of patent rights and innovated in the jurisdiction of the foreign-concerning cases in order to solve the transnational disputes of patent rights that are brought by the close international contactChapter Four probed the possibility of the settlement of conflicts of laws of patent rights. The international treaties including the and the movement of the uniformizing of patent rights have greatly improved the unity of the patent law system.Chapter Five elaborated the settlement of the conflicts of laws of patent rights with analyzing the regulations of conflicts of patent rights in existing legislations of various countries. After pointing out the defections existent conflicts of patent rights , the chapter analyzed the prospect of establishing future regulations of conflicts of patent rights.Chapter Six pointed out the defection and insufficiency of the existing regulations about patent conflict of laws in the form of individual cases. There are also discussions about the prefect mode in the future and suggestions of the establishment of the specific legal system.