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Multinationals Patent Strategy And Its Response To

Posted on:2008-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2206360215989507Subject:International Law
Abstract/Summary:PDF Full Text Request
Under the background of economy globalization, patent is important competition capital in WTO time, it becomes the enterprises'important method to participate in the drastic competition. Patent is important knowledge wealth, may greatly enhance the international competition strength, therefore multinational corporations attach importance to implement patent strategy and take it as intellectual property rights strategy's core. They control high-tech domain, and take patent infringement lawsuit as one kind of commercial tools, this causes foreign patent dispute repeatedly occur. Chinese enterprises have been already involved in the patent competition in the international market.Multinational corporations implement various patent strategy relying on their market force and technical superiority. Their patent strategy aiming at our country mainly include making technology to be patent, patent lawsuits to be tools and the patent standardization etc Some patent strategy has surmounted the right limit and has constituted patent abuse. It has already created the competitive ability declining, paying high patent expense, the export share's reduction and so on serious influence to our country's certain industries. The reasons that our country's enterprises cannot have the efficiency to cope with multinational corporations'patent strategy, mainly because our country's related law are imperfect,there is malpractice of accepting international law, domestic enterprises cannot fully legally protect there own benefit; Government is absent in resolving multinational corporations'patent strategy, and it is not be able to play the macroeconomic regulating and controlling role; Domestic enterprises'patent consciousness is also not strong, they do not have the thorough understanding of patent system and enhance it to a strategic angle. From multinational corporations'patent strategy is effective frequently we can see that as important wealth in international competition patent can be an important competition tool, constitute the non- tariff barrier, and it has great significance.In order to cope with multinational corporations'patent strategy, our country should take measures from each aspect. In the legal aspect we must further perfect patent legislation, we should establish patent protection system which adapts to our country development phase from domestic angle, we should publish antitrust law which adapts to our country's actual need as soon as possible, and we should thoroughly study and utilize the international convention from the international law angle; In the government aspect, it must play the macroeconomic regulating and controlling role, formulate patent strategy, establish a series of coordinated and protection mechanism, and strengthen patent system propaganda and raise patent talented person; In the enterprises'aspect they should profit from the foreign enterprises'experience, formulate there own patent strategy, enhance the the ability of competition and responding actions, and have attention to strengthen searching patent literature and constitute patent alliance. Only after has a thorough analysis of multinational corporations'patent strategy, consummateing the legislation to control the patent abuse powerfully, government and enterprises take the corresponding measures, can China has an invincible position in the intense international economy competition.
Keywords/Search Tags:Patent strategy, Multinational corporation, Patent, Abuse of Patent, Antitrust Law, TRIPS
PDF Full Text Request
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