TRIPS And Continuous Improvement Of Chinese Legal Patent Protection

China became a member of WTO in 2001 December 11th after 14 years of hard negotiations. It will bring us comprehensive and multiple influence upon society, economy, technology, culture, as well as intellectual protection. International economy, trade and technological competition will focus more on intellectual protection with the rapid development of intellectual economy. Strengthening the protection of intellectual rights is to meet the requirements of WTO's rules and the internal demands of intellectual economy. It is also one of the significant features of intellectual economy times. Among all the intellectual protections, top propriety should be put on patent protection. Deterring the opponent, conquering foreign markets by patents, giving up tariff barriers and protecting patents have been the prevailing trend for developed countries in shifting their competition measures. TRIPS sets the basic principles and initial standards of intellectual protection for WTO members. As a member of WTO, China should modify those regulations contradicting with TRIPS.Chapter â…¡ points out the discrepancy between Chinese patent protection and TRIPS. The author presents legislative solutions from the points of patent protection's object, scope, calculation of damages and the principles to avoid abuse of rights. Chapter â…¢ discusses the judicatory problems in the current patent protection and put forward solutions accordingly, basing on analysis of the causations in judicatory examinations, calculation of damages and the profession experience of judges. The last chapter analyzes the executions of patent protection laws. It lists the defects in the current patent protection laws, including the lacking executions of civil remedies, lacking common rules of administrative remedies, inefficient punishment of criminal remedies. And the relevant advices are proposed, in hope to make some efforts for the improving of Chinese patent protection system.