Research On The Legal Protection Of Forestry Patent Right

Forestry patent belongs to the patent right, the general has the attribute of patent right, also has its own unique forestry. Forestry patent is the core value of the promotion of forestry economic prosperity, the development of forestry productivity to be widely applied in forestry is the basic premise of the patent right. According to the State Forestry Administration issued the "2012 forestry review of intellectual property report" shows that since the implementation of the patent law to the end of 2012, China’s forestry sector has 59674 invention patents. With the expansion of forest industry and trade market and opening up, strengthen the construction of legal system for the protection of the patent perfect forestry patent has become an important part of the development of forestry economy in china. The development of forestry of the patent right to the development of forestry productivity as the basis, to the management and protection of forestry of the patent right for the frame, but the backward production technology, the management system is not perfect, the lack of legal norms, the forestry patent failed to give full play to our country’s forest resources, forestry patent products lack of competitive advantage in the on the international market.In this paper Chinese forestry intellectual property network database platform, analysis of the current situation of forestry patent legislation in our country, and through the research of the forestry patent infringement relief mechanism, reveals the specific reasons for the legal protection system of forestry patent rights in China is not perfect, including both historical reasons the lack of direct relationship between the forestry standard patent rights and obligations of the provisions of the law the patent infringement, including forestry and forestry investigation mechanism of patent early warning mechanism is not perfect and other reasons. On the basis of this, this article from the United States, Japan and South Korea in recent years the patent law legislative experience, proposed the construction of the legal system for the protection of patent right of forestry in China, forestry to improve patent legal protection system, and implement the strategy of governing the country by law. In order to perfect the system of legal protection of patent right of forestry and forestry economic development planning and good command of international trade initiative, the formation of International Organization Convention patent to China as the center, finally break the trade barrier in the overseas market, safeguarding the rights and interests of patent right is the forestry of our country, promote the sustainable development of China’s forestry economy.