| System transplantation is an important method in Modern system construction for the post-development countries.In end of 19th,the late Qing government was starting to substantially introduce the advanced economical system from the Western countries with the Patent system was brought in accordingly.However,the transplanted patent system conflicted with the traditional system in the process of localization.Patent system had experienced a hard integration with the traditional system,starting from the introduction of the ideology to the patent execution even if the patent construction.This thesis made a whole review to the construction of the patent system in the late Qing Dynasty and Early Republic of China,to explore the difficulty historical trace of the patent system integration,also aim to analyse the elements for the hysteresis.Totally, the paper will be stated as below 5 parts:Chapter 1:The broadcast of Patent ideology in late Qing Dynasty.The inherent need in the economical field is the soil to spread the patent.On this basis,we will systematically introduce the evolution and progress of the patent thoughts during each stage in late Qing Dynasty and point out the utilitarian trend of patent thought in the foreign invasion.Chapter 2:Patent Execute during the Westernization Movement.Patent system,which was introduced under crisis was compromised by tradition.And the implementary patent became the monopoly for Plant Planning,which quite differ from the real significant patent authorization.Transferred patent policy caused the conflicted with traditional culture.During the executing of illness patent system,facing the challenge of foreign and national capital,which made the task difficulties,the monopoly of patent authorization must be changed to real significant patent authorization urgently.Chapter 3:The legislation and implementation of patent during the last Stage of the Qing Dynasty.With the growth of the capital factors in capitalist economy system and the promotion of the commercial capitalism consciousness under the government,the Late Qing Government began their effort to build the patent legislation and the patent architecture since the Constitutional Reform and Modernization in Qing dynasty.From then on,the patent began its hard spallation under the governmental impulse which is the transformation from their monopoly into the private property rights of the protection technology.However,the innovation was frustrated according to the fall of late Qing dynasty.Therefore,patent system in the period presents the characteristics of hybridity.Chapter 4:The patent legislation and implementation in the Beijing government time of republic of China.Due to the state regime alternation,the construct of the patent system takes on brand-new look as well.The Beijing government take the Europe and America as the model and try to transplant their perfect patent system.Based on the endeavor,they make a contribution on the patent legislation and implementation which lay a good foundation for construction of the patent system.While the coming government amend and supplement based on the revision.All the efforts for several decades finally draw a conclusion.Chapter 5:The consideration to the construction of the patent system in the late Qing dynasty and Early Republic of China.We summarize the four factors of the hysteresis to the despotism including the insufficient of the system supply,the insufficient of the country's leading role,the strong path dependence formed by the execution of the patent system,the anticipation of the utilitarianism to the despotism in modern China.We aim to illuminate the post-development countries how to avoid of the pitfalls in their system transplantation and achieve their maximum profit at this issue. |