Research On Patent Protection Of Characteristic National Cultural Products In The Silk Road Economic Belt

In the background of the "Silk Road Economic Belt" strategic,the characteristic cultural products of the provinces and cities along China's Silk Road economic belt will enter a new period of development.However,due to the imperfect provisions of the current laws and the backwardness of the concept of cultural products protection,the Silk Road economic belt is facing some problems in the process of patent protection.The patent system is a powerful guarantee for the protection,promotion and encouragement of the innovation of characteristic cultural product.Therefore,it is necessary to establish an effective patent protection mechanism for further promoting the innovation of characteristic cultural products in the Silk Road economic belt.This paper analyzes the status of the legislation of patent protection of the Silk Road economic belt,the specific content of the patent protection and the concept of patent protection through the method of documentary research,qualitative analysis and empirical analysis.There are many difficulties in the patent protection of the characteristic cultural products:such as the imperfect law,fact-finding in patent infringement,inadequate "three properties" of patent and lack of patent protection awareness etc.Based on the existing problems of patent protection of characteristic cultural products in Silk Road economic belt,some measures are put forward to improve the patent protection of characteristic cultural products and to improve relevant laws and regulations,improve the enforcement effectiveness of patent law,raise the awareness of patent protection.Combining a variety of intellectual property rights and initiatives,protecting characteristic cultural products must be centered on its unique characteristics.This paper also puts forward some concrete suggestions on patent protection through adjusting the patent examination standard,improving the quality in patent writing,distinguishing between the open technology and the secret technology,and try to solve the problem of patent protection of the characteristic cultural products in the Silk Road economic belt from different perspectives and from all directions.