Patent International Protection Countermeasures, And Developing Countries

This dissertation is titled as International Protection of Patent and Countermeasuzes of the Developing Countries which limits the topic in the two fields: one is the international protection of patent which frequents in the thesis, works or textbooks, the other is the countermeasure of the developing countries which rarely appears as a written form on the paper. From the perspective of the developing countries, the article examines and analyzes the international regulations and influences together. It holds that patent must be protected from a long run term. However, the developing countries shall carry out the protection in a reasonable and suitable degree. The minimum requirement is the maximum one. That's to say, they shall abide by the lowest requirements of international treaties or conventions of patent protection as well as the requirements of the civil development Only through this balance can the developing countries make best of the advantages of patent and minimize the disadvantages. The article has four sections.The first section combs the history of international protection of patent with the struggle of the developing counties towards the developed ones. From the first confrontation of Blagear's Proposal, and the various versions of Paris Industrial Property Convention to the conclusion of Agreement on Trade-related Aspect of Intellectual Property Right, the developing countries achieved or achieves very little ,but the developed countries more. However, the history tells us that patent must be protected. No protection, no development.The second section concerns some matters the developing countries should focus on. The developed countries complains there are leakages of legislations and weakness of executions, and serious infringements in the developing countries. Although it is true in some degree, the developing countries should pay much attention to some matters hereafter. They includes the conflict and harmoniousness of benefits between patent holders and users, patent holders and the whole society, the developed countries and the developing countries. And the national economic security should be concerned in the process of international protection of patent.The third part gives some countermeasures of the developing countries.Starting from some basic principles of international protection of patent, this part advocates the developing countries should act according to its capacity and follow the principle "the minimum standard is the maximum standard". In accordance with the patent production progress, this part goes through several measures including the novelty standard of the examination, patent exhaustion and parallel importation during the transportation, compulsary license and other non-infringement exploitation of patent,such as the right of users before patent, non-commercial use in teaching or research, and the use of the foreign transportation and so on.The last section proposes some concrete measures for China. Enforcement of administration goes first Natives and aliens should be treated equally. The second point is enhancing the patent sense. We should respect not only the foreign patents but also our own. The lower ratio of application for patent in China urges more reforms in the innovation system, and key role of the enterprises should be encouraged. The third requirement is more reforms needed in the research system. The fourth is letting patent go abroad and applying and protecting our own patents in the world market. The last point is the protection of our Chinese traditional nedicines.