The Research On The Legal Protection Of The Patent Rights In Exporting Commerce

Since the Chinese entry into WTO, our country has been keeping a high speed in the exporting trade and economic development. Intellectual property takes a great proportion in various kinds of trade, and patent right is playing a major role. At present, the wave of intellectual right launched by the multinational companies is impacting greatly on our country, the litigation caused by the dispute resulted from the patent right concerning foreign affairs is on a continual rising trend. There is also an increasing litigant number concerning various countries and regions. The amount of trade friction and losses resulted from technology barrier suffered by the exporting companies is astonishing. The reason lies in our deficient experience and preparation employing intellectual property protection system taking part in international markets, the lag of legislation, the unestablished social surroundings of intellectual property protection, the lack of innovation ability from some domestic exporting companies, and the abuse of intellectual rights of some multinational companies.Through the dispute cases concerning foreign affairs and the comparison of legal protection of patent right in different countries and regions, the author think that we should build up our consummate socialist economy system as soon as possible, foster the atmosphere of socially-wide protection of intellectual property, improve the standard and ability of intellectual property protection of our domestic companies and national organizations, fully support the technology innovation. The government should study the overall strategy of patent rights protection actively, and the business should be well-prepared for the risks in the patent rights protection action, emphasize the cultivation of innovation ability, enlarge the amount of independent patent, conduct the strategy of 'three dimensional protection' focused on our own core tech, found the pre-warning mechanism, master the skill of protecting and anti-protection of intellectual property, establish the judicial review system in the intellectual property law as soon as possible.