On The Abuse Of Patent Rights Under The Background Of International Trade

Recently there have been more and more conflicts about intellectual property in international trade, among which the problem of abuse of patent rights is the severest. Comparing with foreign countries we can find that although there are many differences among foreign legislations, they still have one thing in common, both protecting and restricting patent rights are important.Our legislation shows great respect for protecting patent rights and neglects to restrict abuse of patent rights; as a result, effective protection of Chinese correlative industries and consumers is not available. The rigorous situation we faced and the legislation gap are the main objects of this thesis.This thesis is composed of four parts. The first part studies the basic theory of abuse of patent rights, analyses the generation and development of abuse of patent rights. The second part summarizes the primary kinds of abuse of patent rights and their harm. The third part introduces the legislation and experience of some important international organizations and foreign countries. The fourth part advances some suggestions on thinking over the deficiency of Chinese current legislation.