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Research On Legal Risk Management System Of Export Enterprises' Patent

Posted on:2009-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:L L HuFull Text:PDF
GTID:2189360272957108Subject:Business management
Abstract/Summary:PDF Full Text Request
After China's entry to WTO, there is a continuous increase of the import and export trade. A mass of goods which was made in China has been sold to the foreign countries. At the same time, the international competition for the enterprises becomes more and more fierce. Be restricted to the trade regulation of WTO, the traditional tariff trade barrier has decreased. The developed countries began to use"patent"as their weapon when they take part in the global competition. The patent lawsuits started by the foreign enterprises against China's export enterprises have become more and more frequent. On the other hand, the consciousness that we should have our own patent and technology and we mustn't violate other's patent is very poor. If the goods produced illegally were sold in the foreign countries, it is easy for the legal risk of export enterprises'patent to break out。In order to illustrate the bad influence of this kind of legal risk, the writer gives as an example the patent lawsuits which China's export enterprises met and the"337"investagtion happened during the tenth"five-year planning"in Jiangsu Province. Meanwhile, by studying on the cases of some enterprises which have experienced and won the foreign patent lawsuits, the writer can get a lot of useful information to build the legal risk management system of patent.Next part, the write introduces a framework for analyzing----which is called enterprise crisis management and gives the reasons why the crisis management theory can be used for building the legal risk management system of patent. In the paper, the writer uses only two of the statements although there are many statements in the enterprise crisis management------ the inducement theory of crisis management and the phase theory of crisis management.The writer studies the inner inducements of legal risk of patent by questionnaire and studies the outer inducements by investigating the cases which mentioned above. Then, by combining the inducements and the theory of crisis management, the writer sets up the legal risk management system of export enterprises'patent. The system can be divided into three sub-systems according to the phase theory. They are preventing system, handling system and summarizing system. The purpose of building such a system is to prevent the happening of the risk or minimize the probability; to control the risk when it has broken out and minimize the lost which was caused by the risk, to summarize the experience in the process of managing the patent and handling the lawsuit. Besides, a forth sub-system has been added to the whole system which is called the patent information sub-system, because patent information plays an important role in the system.The legal risk management system of patent is an inner system within an enterprise, but it is necessary for the government and the industry association to assist the enterprise to operate the system smoothly. A brief introduction of the government's and the industry association's advantage and duty were illustrated in the paper. At last, a conclusion was abstracted, and the writer looks into the future of the further research.The writer enlarges the connotation of the patent issue that the enterprise should face and define it as a kind of legal risk. A system should be set up to prevent the happening of the risk or minimize the probability; to control the risk when it has broken out and minimize the lost which was caused by the risk, to summarize the experience in the process of managing the patent and handling the lawsuit. Besides, the writer introduces the theory of crisis management to give a theory support to the system. Case analysis is an innovation in the paper. In order to illustrate the present situation of the patent issue in the export enterprises, the writer employs a lot of patent lawsuits and does further research on some model cases. The most innovative point in this paper is that the writer design and statistics a questionnaire to get the accurate figure to prove the inner inducement of the legal risk of export enterprises'patent which makes the paper more persuasive.
Keywords/Search Tags:export enterprise, the legal risk of patent, the theory of enterprise crisis management, inducement, the legal risk management system of export enterprises'patent, the government and the industry association
PDF Full Text Request
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