Foreign-related Patent Infringement Dispute Legal Countermeasures

Chinese enterprises lie in a special historical period. There are more and more infringement disputes on patent between Chinese enterprises and transnational corporations especially after China entering into WTO. Some Chinese enterprises have paid high price for it because of lacking patent right knowledge and resisting experiences. So this thesis tries to research on the legal countermeasures about infringement disputes on patent between Chinese enterprises and transnational corporations. The first part mainly talks about the features of tort disputes on patent between Chinese enterprises and transnational corporations, and analyses the reasons and straits. The second part mainly discusses the ways to avoid the dangerous of infringing patent rights. It includes inspecting the law conditions of the relative patents and the study of the infringing patent forms and the judging rules of tort. The third part refers to make a research of the counterplea fact, mainly discuss the use of reasons proclaiming invalid patent process. The forth part discusses the research of relevant tactics facing tort disputes. The thesis tries to apply the legal countermeasures to Chinese enterprises and strengthen the abilities of dealing with the disputes. The thesis has some realistic significance because it applies theory to reality and lay emphasis research on operating.