Study On The Legal System Of Patent Protection In Chinese Commercial Banks

With the development of human civilization, intangible assets are more valuable than tangible assets. Patent is a very popular concept nowadays, which has permeated every aspect of human life. As an important part of intangible assets, patent's value is obvious. After China enters the World Trade Organization, the domestic commercial banks face strong impacts and challenges of foreign banks. Being squeezed in the space of survival and development, they are facing with an unprecedented crisis. "Citibank Cybersquatting Patent" exposed by the media in 2002 gives a warning for domestic commercial banks. Since then, they not only started to pay attention to the protection and the management of patents, but also exerted great efforts to patents' research and development, acquisition, utilization and protection, and all of which have achieved remarkable results. Our commercial banks make achievements in the protection of patents, however, we have to understand there are some deficiencies in here. Rome is not built in a day. "Citibank Cybersquatting Patent" incident is not accidental in China and it's occurrence with deep reasons, including defective law system, weaking awareness of patent, low technology, and so on. At present, it's necessary to discuss our national conditions of the commercial banks for the protection of patents form the legislation, jurisdiction and administration based on the theory. In terms of legislation, proposed to grant patents on business methods, refining the criminal law on patent infringement, and focusing on the flexibility use of TRIPS in China; In justice, to play a judicial protection of patent rights in the commercial banks in the leading role in the proceedings and legitimately stipulate litigation and adjudication; On the part of management, it is recommended to further improve the management of commercial bank patents,establish and implement practical for patent development.