The Research Of China’s Foreign Trade Enterprises In Patent Rights Protection

In the knowledge economy era, the patent rights, as the representative of the intellectual property rights are becoming more and more important in International trade. For exporting countries enterprises, even in the national economic point of view, patent rights are the symbol of high technology, high added value, low inflation, low unemployment, they are powerful weapons of promoting the export trade growth. For importing countries, owning technologies which are protected by patent law are another effective means in addition to traditional tariff barriers, to restrict import and protect domestic industry. From the point of view of international trade, patent rights are not only the trade mark but also the main means of promoting or restricting the trade. However, we only understand the former but ignore making patent rights as the powerful weapon of protecting our foreign trade enterprises. We also lack understanding of the behavior which is enforced by foreign enterprises to use patent rights to set the technical trade barriers. As the result, we often encounter frustration in international trade.Today’s international trade is very different as past. If we take capital as the first production elements in industrial age, then, the patent rights which are the represent of the intellectual property rights are the indispensable motive power in today’s knowledge economy era. Patent rights’ functions are becoming more and more obvious, they have already became the main motive element in promoting a country’s economic development. Moreover today’s international trade has transferred from the traditional goods trade to service trade which is featured by the flow of technology and talents. Further on we could call this trade as Intellectual property trade. How to owning and operating these Intangible assets has became the main task in one countries’ foreign trade activities. Based on the current,2011 is just the tenth anniversary of we Chinese joining into WTO, during this ten years, we encounter too much difficulties. Looking back on these periods, we could find out joining the WTO has been Bringing us lots of opportunities, but on the other side, it also makes us suffered much failures. We behavior like young children who are on the stage of learning how to walk, from stumbling along to stride proudly ahead. After joining the WTO, with a big increase in the number of foreign trade and the entering of the world top 500, our economic entity has became larger and lager, but in addition, we must accept the challenge of the powerful enemies. Facing this situation we must have a clear understanding of China’s economic situation:at present we have not done enough in patent rights protection and institutional building, faint patent rights consciousness is another big defect, all these problems have caused blockages on our way to develop foreign trade. The foreign enterprises are ready to attack, they often get our enterprises into trouble through the reality that our enterprises lack core technology generally, what’s more serious is that they even take use of our unfamiliar with patent rules to abuse the patent rights and blackmail huge number of patent fees or compensation. Therefore we should formulate a comprehensive patent strategy, revise and improve the related patent law rules, provide a good protection of law to patent rights, and meet the challenge of the global economy with forgiving and confident posture. Stubbornness and refusing to make progress will bring us been eliminated, only adjust ourselves and participate in the competition actively can we win the future. Our party has already put forward the intellectual property rights strategy at the seventeenth congress, this strategy including an idea that we should construct we China to become a innovative country. The main content of this article is firstly the important significance of the patent rights in today’s foreign trade, based on this I mainly discussed the present situation and insufficient of patent rights protection in our country’s foreign trade, and then I explained the problems with specific cases and introduced the patent protection situation and patent strategy of US and Japan. At last I provide some suggestions for improvement, hoping our country’s patent rights protection works will be better and better.