Chinese Enterprises To Cope With Multinational Patent Blockade Of Legal Countermeasures

Patent right and its system design have been always placed on lofty goal, such as on encouraging innovation of knowledgment, promoting the advance of science and technology , promoting the growth of economy etc. But if observing some enterprises especially some strategies that transnational corporation protects in patent right , we can find surprisely that those sacred missions that patent right bears possibly had been thrown away already. The purpose of patent right that some enterprises eager to possess and protect have deviated from the legislative original intention of patent law, and have transformed to a tool engaged in competition even to restrain the competition of other person. When we join WTO, the greater patent dispute concerning foreign affairs that occurs already has been reached more than 20 forms. Now, the enterprises in our country suffer the multinational disputes of patent right in numerous fields. Transnational corporation "outflanks" Chinese competitor quietly with the help of patent technology, and they apply for the patent to increase 30% every year in China. Chinese enterprises have been surrounded in the patent of transnational corporation. How to face the challenge now have become the important problems of the enterprises in ChinaWhen this paper analyses the present situation, it first affirms the existent reasonability of patent system itself, and it points out that patent system have played extremely important role in I advance and economic development of science and technology in the international and our country. At the same time,it has also analyzed the unavoidable negative effect and blockade for the enterprise in our country carried out by transnational corporation using patent system with different ways that produces because of patent system own characters. And in the research of countermeasures on this foundation we will find out the enterprise of our country how to rush out the patent blockade of transnational corporation, and some kinds of specific methods to alleviate pressure that patent blockade brings.