Researching On The Law Countermeasures Of Our Country Enterprise

With the globalization and the knowledge-based of the economy, intellectual property rights has become a source of the competitive advantages of the enterprises. Therefore, enterprises of various countries have paid great attention to intellectual property rights. Especially enterprises in developed countries, rely on its own advantage position in science and technology and intellectual property rights, and constantly improve the level of protection of intellectual property rights, and links intellectual property rights to international trade to strongly promote the internationalization of intellectual property rights to build and maintain its international competitive advantages.After joining the WTO, China's enterprises suffer multinational patent right dispute in numerous fields, greater patent disputes have reached more than 20.Those sacred missions that the patent right bears, have been thrown by some multinational companies, and the Patent Law has been transformed into the tool of some enterprises to engage in competition or even restrain the others. In recent years, some large international companies have patent in China one after another and set up special intellectual property rights maintain organization, they amount of the application for patent in China increase by 30% every year successively, the enterprises of China have been surrounded by the patent of the multinational companies. Undoubtedly, the patent dispute to the survival and development of the enterprises in China will pose serious challenges, and how to cope with the challenges facing China's enterprises have become an important issue.In this paper, the first part expatiates on the patent system on the legitimacy of the existence of the theoretical basis and important function in scientific and technological progress and economic development on the basis of introducing patent and patent system; The second part describes the patent system in the promotion of the scientific and technological progress and economic development of various countries, but because of the monopolistic characteristics, results in a series of negative effects; the third part lists several ways that the patent blockage to the enterprises of China by the multinational companies, explains the patentee utilize a large number of patent right that he mastered, using various means to blockade enterprises of China for the purpose of excluding enterprises of China and obtaining high– profit; the fourth part contra poses the blockage of the multinational companies, in terms of practical operation, puts forward the legal countermeasure that the enterprises of China can adopt while encountering the patent blockage.