Study On The Restriction Of Patent In TRIPs Framework

Patent is a exclusive right,by giving the patentee monopoly in order to maintain the patentee’s interests.But always maintain the patentee’s interests may damage the social public interest, hinder the development of science and the technology.Patent restriction system is an important weapon in the patent restriction and the protection of the social public interests,it is an important part of national patent system,also is a focus between developed countries and developing countries.However, the TRIPs Agreement signed by the GATT one hundred members over protect the developed countries’interests,and have a stringent restriction of the patent restrictions,it make many developing countries difficult to use these clauses to protect the social public interests.After the signed of TRIPs,the developed countries always appeal that many developing countries’patent system are not in conformity with the revevant provisions of the TRIPs.It makes many developing countries at a very disadvantage place in the protection of intellectual right.Therefore,it is necessary to research the patent restrictions in TRIPs,protect our interests,seek for a balance between rights and obligations,constantly improve our patent restriction system.This paper analyzes patent restriction problems under the TRIPs frame. As follows,Chapter1teases some basic theory of patent restriction,and outlines some patent restriction manifestation under the TRIPs Agreement;Chapter2states a case about patent system,then expound three aspects on the patent restriction,including the restriction on patent rights content, compulsory licensing and the restriction on patent abuse. Chapter3analysis the causes about the imbalance of patent restriction,and its consequences.it makes the developing countries bear over obligation.Chapter4puts forward some suggestions under the TRIPs Agreement,and combine China Patent Law submit some preferable clauses about the patent restriction.