Comparative Study On Protection Of Patent In China And Korea

Volume between the two countries continued to increase, the patent infringement cases is increasing every year. There are a lot of losses about infringement case in patent, so it should be actively prepared for patent protection. To prepare for patent protection programs, should first of the two countries to achieve mutual understanding between the patent protection system. This work not only on the two companies, in the intensive program for the preparation of patent protection also provides a good reference.China is the protection of the patent protection system in the State of double. "Dual system" is the coexistence of administrative protection and judicial protection of patent rights protection system. First introduced in 1984, administrative protection and judicial protection of co-existence of "dual track". Until the exclusive law third revision the "dual system" was established. The patent administrative protection is responsible by the patent business management department and the customs. The patent business management department's responsibility is according to the authority request, to the prejudicial act issuing stop violation order, the adjustment loss compensation volume and so on, simultaneously is also responsible to pretends other people patent and the patent false mark behavior carries on the control. The customs through the border measure, to violate the patent, the trademark rights, the copyright cargo when the entry enters the country carries on detains. The patent judicature protection implements 4 levels in the People's court 2 to examine the system. Patent applications in the lawsuit for damages can also be used for pre property protection, complaints and protection measures before the evidence against the termination of the system behavior. Acts of counterfeiting patents for criminal sanctions may be imposed.South Korea's situation is established strictly the intellectual property rights for the private power category. South Korea's patent protection system in principle, there are only a means of judicial protection. South Korea's business management department of the patent can not be like China to take positive actions for patent infringement sanctions. But because already realized the patent prejudicial act gravity, therefore to cause the patent business management department and the customs can also take the protective measures positively, in the law is carrying on the revision and conducts the research to various countries' system. South Korea's patent judicature protection system is 3 levels 3 examine the system. Cease to perform acts of patent infringement against the request, the request for damages, return of the proceeds inappropriate request. For criminal cases, you can check the authority to sue state.If comparing the provisions of protection of patent rights between two countries, we can't determine which state laws are good, which are poor. Good and bad laws in a country is mainly based on the evaluation of whether the country's national conditions. Patent protection between the two countries must take into account national circumstances, to develop patent protection. The two countries to strengthen patent protection, for lack of a good part of the system should cross-reference between the two countries, namely, operation of administrative protection in China for 27 years, South Korea also made reference to the implementation of administrative patent protection. China established specialized intellectual property court, can refer to the Korean Patent Court's operations. By law, mutual understanding between the two countries, learn from each other's strengths and a little bit, and then play the effect of common progress.