A Comparative Study Of Chinese And Mongolian Patent Legal Systems

In the modern world of rapid development,the core competence of commercial subjects belongs to the technology that distinguishes one from another,and it is particularly important to effectively protect nature through international law and domestic law.Mongolia and China belong to the neighboring relations and have close ties from the perspective of humanities,geography and economic development.The governments of China and Mongolia signed the Agreement on Intellectual Property Cooperation in 2005.In 2006 and 2007,the two sides held seminars on intellectual property legal systems,and conducted a series of fruitful and practical cooperation in intellectual property legal system improvement,personnel training and automation.In this context,this paper discusses the comparative study of patent law between China and Mongolia.The significance of this article is that cultural exchanges and transnational trade between the two countries have only gradually increased in recent years.In addition,Mongolia was separated from the civil law department in 2010 and became the latest national patent law independently.With the continuous development of the two economies,In the legal field of reference and reference will also appear particularly.In the first chapter,this paper puts forward many problems in the field of intellectual property,especially in the field of patent law.Then introduce the reasons for the legal amendment,including the lag of the law,the loopholes of the law,the transplanting of the law.Then the article introduces the elements of the law revision,and finally discusses the basic theory and research of comparative law research,including the concept,function,and the four steps of comparative law research.The second chapter discusses the concept of patent law in Mongolia,the emergence and development of Mongolian patent law and the overview of Mongolian patent law.The third chapter compares the specific legal systems of the patent law of the two countries from general provisions to legal purposes,and then makes a detailed comparison to the sources of law.Then the article introduces the Mongolian Patent Law,which stipulates three kinds of patent forms: invention,design,and utility model.Chapter IV discusses the rights and implementation of invention,design,utility model creator and patent holder and certificate holder.Chapter V briefly describes the fees charged by the Intellectual Property Office and the Patent Agent and the Intellectual Property Office of Mongolia.Based on the above study,the following concluding observations have been made: cultural exchanges and transnational trade between the two countries have only gradually begun to increase in recent years.In addition,Mongolia was separated from the civil law department in 2010 and became independent of the latest national patent law.Therefore,the comparative study on the more authoritative patent laws between Mongolia and China is rare.Therefore,I will mainly use the direct comparison of the laws and regulations of the two countries to explore the differences in the legislative background and purpose of the laws of the two countries,the differences in patent application procedures,and the differences in patent protection measures.Reference is made to the Mongol and Chinese monographs on patent law.And elaborated their own unique protection system and other methods to carry out research.Both Mongolia and China have successively joined the WTO.Mongolia has participated in many international treaties since the 1990 s and has improved their respective patent laws in accordance with the relevant provisions of the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights(the Trips Agreement).content.Therefore,the parties will also have different degrees of application of the law.