The Regulation Of Imitative Innovation Under The Intellectual Property Law

With the advance of science and technology, the discussion about innovation have been intense day by day. Western developed countries with advanced productive forces and leading technology stressed expand the scope of protection. Such as all kinds of strict technical standards and the rules of trade access have seriously restricted the developing countries. So, how to shorten the distance between the developed and the developing countries, how to accelerate the pace of economic development and improve the efficiency of technological innovation have been become the contemporary scholars'wide concern. Now, the large number of scholars have launched these relative research, especially the research of imitative innovation have become the one of the most important parts. However , there are no system researches on the"imitative innovation"in intellectual property law. This paper have been summed up the research results of Technical Economics, Philosophy of Technology, Intellectual Property Management and other multi-disciplinary to discus the imitative innovation under the circumstance of China.In view of this, after reviewed the related researches, the paper discussed the relationship between imitation and imitative innovation in the field of law, and further discussed how to develop innovation in the intellectual strategies.To illustrate the role of imitative innovation in the process of promote that create independent intellectual property rights, this paper have taken examples. As the innovation model of United States, Japan and South Korea, China should develop the imitative innovation, and promote it to independent innovation.The fourth part have summed up the Legal status at home and abroad, focused on China's current intellectual property system to imitate innovation. Discussed the imitative innovation rules of Invention, utility model, designs, trademarks, computer software, semiconductor integrated circuits, trade secret (know-how) from the view of Intellectual Property Law and Anti-Unfair competition law.Based on the analysis mentioned above, the fifth part focused on how to improve imitate innovation in China under the current law system. The author take the kind of technology as target to prefect the technical innovation and improve the law system from the Patent system, Unfair Competition and other systems. At the last, this paper suggested the promotion of international innovation environment, and the ban of the abuse of intellectual property rights.