| From undeveloped areas to major economy and technologically advanced country,the successful development of America can hardly do without the support of patent system,and the strength of patent protection is a crucial part of the strict system.The strength of patent protection measures exclusive rights of patentee in a certain legal framework,which is connected with obtaining benefits from their technological monopoly.Throughout the history of American patent system,policies of the strength of patent protection are not invariable but adjusted and changed in line accordance with economy,technology and environment of intellectual property protection.On the basis of GP index,the transformation of American patent protection can be divided into three stages from angles of legislation and law enforcement:the initial stage featuring strong protection,the developmental stage featuring weak protection and the maturity stage featuring strong protection.By analyzing influence factors of each stage,rules of transformation are concluded as follow:Firstly,intensity of market competition correlate positively with the strength of patent protection;Secondly,technical demand of society correlate positively with the strength of patent protection;Thirdly,a country tends to adjust the strength of patent protection according to concluded international treaty.Generally speaking,through comprehensive calculation,with high intensity of legislation and relatively low intensity of law enforcement,it’s necessary for our country to improve the intensity of law enforcement.On the basis of previous study,these three aspects could be took into consideration while generating future strategy of the strength of patent protection in China:Firstly,adjust the strength of patent protection in accordance with economic development.Nowadays,the China’s economy is growing steadily and the market is of great freedom,but there are gaps between China and America.Concerning the strength of patent protection,it’s not necessary to keep pace with America because of different situations.Secondly,adjust the strength of patent protection in accordance with technology development.In the stage of technology transition,it have the characteristics of both imitation and innovation.Therefore,in consideration of specific national conditions of China,a phased strategy should be adopted to modify its strength.Thirdly,improve the protection strength of law enforcement on the base of high intensity of legislation.Meanwhile,it is significant for our country to take an active part in conclusion of international treaties to contribute our strength so that regulations about the strength of patent protection fits into China’s national condition.As one of the core factor of state innovation system,patent system plays a important role in change of economy structure,improvement of technology,enhancement of international competitiveness.The level of patent protection represents perfection of laws and regulations and its operational condition.It was said that "stronger doesn’t means better" concerning the strength of patent protection,because there were differences between developed countries and developing countries in taking advantages of intellectual property system to promote social development.Therefore,no matter in theory or in practice,there is no standard which can be used in every area or countries.It is pretty appropriate to integrate the strength of patent protection and national conditions.On the base of taking national conditions into consideration,our country is supposed to choose the appropriate range of the strength of patent protection.Under background of globalization and international intellectual property protection,it is of great significance for our country to enhance the development of economy,culture and society with the aid of patent system. |
