A Comparative Study Of Sino-Canadian Patent Law

The implementation of the patent system is a part of Chinese reform and open policies. The protection of patent could encourage inventions and develop productivity, and also could create a legal environment for the introduction of overseas capital and technologies. Canada as a developed capitalist country of North America, has accumulated more experience in the legal system. In recent years, with the continued progress and development of the courts, Canadian dependence on the British legal tradition has become less and less, Canada has learned more from American legal system, and gradually formed an obvious feature of the legal system of their own. With the Sino-Canadian bilateral political, economic and cultural exchanges become more frequently, Canada has gradually become one of the largest markets of China. It has great practical significance to formulate Chinese patent policy if we know Canadian patent system. So this article will compare Canadian "Patent Law" with Chinese "Patent Law", including the history of patent law, subject and object of patent, the rights and restrictions on patent rights, the elements of patent rights, as well as the legal protection of patents. The principle of first invention is the most important feature of Canadian "Patent Law", although there are some defects, but the principle is very suit for the national conditions, and it brought huge economic benefits to Canada. Compare with Canadian "Patent Law", there are some shortcomings of Chinese "Patent Law" need to be improved. That we can learn from Canadian patent system, give full consideration to the principle of first invention, pay attention to patent law enforcement and combine with Chinese national conditions, so that we can explore the useful experience of Chinese patent legislation gradually, and our country will become the world's economic and technological power as soon as possible.