Intellectual Property Protection Of Financial Products

The present paper takes the research of“Patent protection for financial products”to be the subject and the direction. As a Hong Kong graduate student, I didn’t conducted the research in this thesis according to the Hong Kong present intellectual property rights condition after, because after the return of Hong Kong, although retention major part England governs the time the legal regulation, but in the intellectual property rights and the patent aspect all is take the national laws and regulations as first, therefore this research on is connected by the macroscopic angle and our country the legal significance carries on.Basically, an intellectual property in research, or protection of property known wisdom, based on extensive knowledge of product patent protection or patent protection for certain legislative level model to study the scope of this study will demonstrate the scope of patent protection on within, and also discussed the subject for the topic "financial product" within the intellectual property protection options.The basic main point of this paper is the financial product comparison being suitable commercial method category patent protection way implementation protection. Therefore the premise also must clarify the financial product is a product, the method, should regard as“the product patent”or is“the method patent”. Basically, the financial product is in one kind of tools used to directly or indirect gaining benefit. In the management science and the economic definition, any can gain the benefit thing all to call it“the product”. The buyer purchase products is target to purchases the product by no means the pure purchase surface, but purchases the value which the product can provide gives. But the present paper research divides the financial product into the investment (transaction nature) and utilizable, in which investment, like the negotiable securities and each kind of savings deposit has been affected widely for populace’s fund reposing tool, is related with common populace’s life all kinds, therefore existence big public nature. In under the social efficiency premise, difficult to have the patentability; Utilizable is can take one kind can with the computer and the software union, produces the positive financial profit results, therefore should regard as one method. The financial product only is to the financial product in the financial tool one kind of name. In paper this article first chapter, fifth, and the third chapter, first and second has the detailed illustration and the elaboration.In the research premise, first from the point of the value of implement the intellectual property rights protection of financial product, with provided some cases to establish to the financial product implementation knowledge product protection must the nature, simultaneously seized territory shallowly in the introduction to way of the financial product patent protection has made the discussion, has settled preliminary for the research the supposition, namely the financial product was compares being suitable to implement the protection by the commercial method category patent protection way. In order to causes this research centralism subject effectively, simultaneously also decides a direction on the present research present situation and this research method and the scope.Because this research reveals the intellectual property rights legislation, so that is all has to the financial product implementation intellectual property rights protection to the entire economy and the social condition the tremendous influence, therefore summarized and evaluates in one chapter massively to cite the classics law economic theory and the Chinese and foreign literature in the literature does elegantly, and evaluated. These literature review and the argument direction, has had the guidance function to this research, caused in the research to have the suitable investigation and the thought category.In the entire research process, through the Chinese and foreign case inspiration and the thorough discussion, had discovered in the knowledge product premise significance, the financial product has had the unique nature, on the one hand is this and so on the product functions, the transaction way and the value and other category product is incomparable; On the other hand is because of it to each important category influence, already was not other industry product is likely same to it implementation protection significance, protected obligee’s benefit and the adjustment socialAccording to the research results, the financial product has not had in the benefit significance to the correlation obligee, but and has had the huge significance stably to the overall economical development; But because the modern society environment and economic type facilitating, the resident is widespread involving to financial product investment, or is affected in various stratification planes its influence, therefore in the social significance, provides the patent protection to the financial product, causes the money market thus indirect receives effectively supervises and manages, has had the stable society’s function.In the protection category, this research thinks should by the knowledge product protection by no means the traditional financial product, but has the innovative financial product, these financial product should divide into two categories, is the financial management tool and the financial investment class, but the tool class finance product has patentability, sends few at present obtains the patent protection by the commercial method union computer soft rigid way the condition is so; The investment financial product has many public actually, the present fashion attains with difficulty guarantees the patent protection.In this research, first separately has established the research necessity in the first chapter, simultaneously elaborated the financial product with to know the bright property the relations, and analyzed the financial product the intellectual property rights protection nature is the method patent; Has quoted many related literature in the second chapter, mainly evaluates the financial product knowledge product protection from the economical and the social benefit angle the rationality; Third chapter I explained the financial product definition and the special characteristic, and proved it returns to the knowledge product protection object with me the connection; Key in fourth chapter“financial product patent protection important document”, the adduction“the financial product”conforms to our country patent protection important document requirement, besides quotes our country’s related laws and regulations, and has quoted the world multi-intellectual property rights legislation advanced country’s to the financial product intellectual property rights protection situation; Has studied the financial product each possibility protection way in the sixth rules, and determines the nature of for it as by the commercial method protection, cites as proof adopts to the financial product by the commercial method patent protection accuracy; Key divides the benefit in the fifth rules in the various countries related case, by the evidence various countries the measure which adopts to the financial product, and protection finance product present situation, by card Ming dynasty printed books research rationality; The entire research in the seventh chapter in a summary, simultaneously summarizes the research achievement, and provides the suggestion which further studies.This research conclusion has decided on the protection pattern for the financial product intellectual property rights protection, had pointed out to its protection value and the influence, simultaneously also to implemented the protection the difficulty to make the argument, and has settled the category which studied continually, if obtains the breakthrough in the category which these studied continually, will be able to make a bigger contribution to the entire financial industry and the macroscopic economy.