Patent Barriers And Legal Response

Patent barrier is used for multinational corporations to protect theirown market shares and to gain maximal profit. Multi-nationalcorporations which gain advantages over technology monopoly, owingto the protection of patent system and internationalization of patentprotection, used patent suits and patent agreements of permission andfurthermore, possible government resources, which made those whohave no legal patent rights become a corporation attached by them;or are forced to withdraw the market and lose their life in the fieldwhich they had done their best to gain. Patent is used as a strategieswhen the traditional tariff wall had been out of date and technicaltrade wall and anti-bumping barriers and intellectual property barriershas become the main trade barriers and patent barriers is the mostimportant and potential barriers. Patent barriers manifestationhave:patent charges barriers, patent suits barriers, patent conversionbarriers, patent applying barriers, patent importing barriers, patentstandards barriers, commerce methods patent barriers and so on, whosecharacteristics can be generalized as these: one, The eliminationgovernment public law examines and intervenes;two, Patentpermission contract with discrimination; three, abusing of thehypothesized jurisdiction right of suit; four, abusing to send the lawyer'sletter; five, abusing the Chinese Customs law enforcement system.The intrinsic system reasons of patent barrier include: The patenttakes the high protection as the private right. Our country high-techdomain patent flaw. The forms external system reasons of patent barrierinclude: The impetuse of economical globalization system. Formationof patent international protection's new order. Implementation ofvarious countries' intellectual property rights strategies one aideranother.Special legal matter of patent barrier includes: patent parallel importsystem:TRIPS forbids the parallel import and most of developedcountries.The patent alliance does not favor the market forbid too.Patent alliance:that is used to gain the monopoly profit. Several countries, for instance, American 337 provisions, 301 provisions, togain monopoly benefits, form the patent barrier. Japanese《Directiveof counter-monopoly law on Patent and technical secret permissionagreements》has carried on the limitation to the patent barrier.American《The count-trust guide of the intellectual property rightspermittion》also performs the rules and regulations on abuse to thepatent right.Law system of our country is powerless to do with the patent barrier.The antimonopoly law has not been made up now. The counter-notimproper competition law rules and regulations are powerless too. Thenational monopoly strategy has been drawing up now, enterprisepatent strategy didn't go to certain altitude. Legislation ofcounter-monopoly law is necessary, implement the compulsionpermission through the patent, limit the patent holder to abuse the rightof suit, and comes the rules and regulations through the administrativemethod transformation patent charge system. The national patentstrategy and the enterprise patent strategy should be worked out.