Study On Patent Right Safeguard Of China Corporations Abroad

With the quick developing of Chinese economy,the upgrading of products' structure,and the deepening of global economic integration course,the Chinese enterprises going abroad encounter frequently the patent besieges from multi-national corporations.This paper just adapts such context then analyzes and summarizes the reasons and procedures on the patent abroad right-safeguard lawsuits from Chinese enterprises;Meanwhile it tries to find some practical ways from it so as to provide the patent abroad right-safeguard of Chinese enterprises with advisable experiences; what's more,it offers some suggestions from the perspective of improving our legislation level in China so that our enterprises can get rid of the current passive situation when facing right-safeguard problems.The article can be divided into six chapters.The first chapter describes the current situation about how our enterprises engage in the right-safeguard abroad.At first it makes a division on the developing stages of Chinese enterprises right-safeguard;then it analyses our enterprises right-safeguarding situation abroad by means of comparing some typical cases; finally it sums up some existing problems and reasons relating to our Chinese enterprises safeguard the patents abroad.The second chapter illustrates some primary issues on the right-safeguard abroad.This chapter firstly defines the right-safeguard abroad;then it introduces three kinds of participants who involve the right-safeguard:enterprises,governments and other organizations,also it probes into the positions and roles of the three participants; eventually it analyses the fight-safeguard motive and drive therefore concludes the basic ways and strategies.At last the article brings about the economics theories for demonstrating simply the right-safeguard ways and strategies.The third chapter introduces the international patent protection mechanism and the "Article 337" of America.In this section,author firstly summarizes the international patent mechanism,of which it introduces the most important TRIPs agreement;and then depicts simply the IP protection -Trips and its applications in patent safeguard;also the author analyses the "Article 337",from whose protection on America IP to its effects on Chinese enterprises safeguarding patent rights abroad; at the end,the author puts forward some measures replying the 337 investigation.The forth chapter summarizes the American and Japanese enterprises patent protection abroad strategies and right-safeguard characteristics from the angel of American and Japanese enterprises patent protection abroad and right-safeguard;at the same time,it compares their characteristicsThe fifth chapter discusses the functions of patent abroad right-safeguard which the enterprises patent information management system imposes on,from whose perspective.The author starts with the conception of patent information management system;then introduces and analyses the patent information management system composition including the patent competition information system,the patent analysis and management system,the patent prediction and alarm system;at last,the writer concludes the importance of the system on the patent right safeguarding.The sixth chapter draws an end on the other foreign countries' experiences on the basis of the discussion from the previous chapters.What's more,it comes up with a series of constructive advices from the perspective of working out the country's policy and enterprise's strategy along with regulating the law,also the other affecting on the patent right-safeguard abroad.And the author hopes that the Chinese government can get some inspiration and help in this article facing the patent right-safeguarding abroad.