Research On Patent Prior Use Rights And The Appropriate Application Of Laws

The patent prior use right plays a relatively important role in patent system,which contributes to both the implementation of legislative purpose of Patent Law andthe maintenance of the market order, including balancing the interests among patentee,the holder of prior use right and the public. In consequence of the ambiguity of legalregulations and the complexity of market economy, there are many perplexities in theappropriate application of laws of prior use rights in practice. More than ever, with thedevelopment of economic activities, it becomes necessary to carry out the research, sothat patent prior use right system may be applied accurately in increasing numbers ofpatent infringing disputes. In addition, professional advice about improving the patentprior use right system may be proposed.This thesis can be divided into four chapters.The first chapter is an analysis of the patent prior use right system in our country.By means of analyzing legal regulations and juridical practices of patent prior userights in our country, this chapter discussed current regulations and problems inappropriate application of laws.The second chapter is an overview of the patent prior use right system. In thischapter, theory evidences, constitutive requirements, legal characters and institutionalvalue of patent prior use rights were mainly introduced. By analyzing the necessity of establish patent prior use rights and legislative purpose of Patent Law, constitutiverequirements and legal characters were discussed.The third chapter analyzes TRIPS Agreement and relevant provisions of majorcountries, which makes a comparison between Chinese and other countries’provisions.The fourth chapter offers proposals on improving patent prior use rightprovisions by pointing at current regulations and problems in appropriate applicationof laws. In this chapter, how to clearly establish and improving patent prior use rightin Patent Law was put forward as an argument.