The Developing Research On The Patents System After China's Entering WTO

Using the experience of the theory of institutional economy and sociology of law, the writer divides the patent system in China into two parts in this thesis: one is inner system, the other is external system and extends the patent system to the rules and institutions concerning the patents' ownership,obtaining,maintenance,protection,transaction and spreading. On the inner system, by analyzing the strategic trends of patents standardization and the advanced countries' monopolizing position of the key technology in the high technological fields, for instance, electron,telecommunication,medicine manufacture etc., in accordance with the promises to《Agreements on Trade-Related Aspecds of Intellectual Property Rights 》and《Ageement on Technical Barrier to Trade》 when China entered the WTO, the writer points out our country's disadvantage. So it is practical for our country to play the role of "World Factory". Through mastering and using the foreign countries' key technology, we can develop our own patents. Thus, the China's Patents System will create a good situation for the patents transaction and transfer of international advanced technology. As for the external system, some innovations should be made in the patents market,administration,law enforcement and judicial system. Meanwhile, China should have strategic view in the new patents protecting fields such as biotechnological invention and patents of commercial methods, break through in patents investigation, encourage and grant the above-mentioned technological patents with much clearer policy. The guiding ideology for patents publicity should be fixed rationally according to the inner system's spontaneously generating theory and evolving rules and different education about the patent system should be offered to the public,enterprises,lawmen according to their different needs. At the same time, we should make active efforts on the patents' arbitration,patents' agency and patents consulting institutions in order to guarantee the evolution of the patent system.