Research On The Legislative Mode Of Invention And Creation Protection In China

With the rapid development of science and technology,human beings are entering a new era of prosperity,showing great potential for development.In this new era,international trade has changed from the trade of tangible goods to the trade of intellectual property rights in the trade of goods and services,which makes the international trade develop rapidly.In the field of intellectual property,non patent can bring great economic benefits.Patent has gradually become a strategic resource restricting the development of national economy.For the sake of the prosperity and development of international economy and the inviolability of national rights,many countries have jointly concluded the Paris Convention,which requires the protection of inventions,utility models and designs,and so on.Each country is able to make its own domestic legislation.According to their own domestic background and development level,combined with the unique features of invention,utility model and design,each country has formulated its own legislation mode of invention and creation.The difference of legislation mode in different countries is one of the important factors that lead to the difficulty of applying for patent in each country.In order to solve the problem and promote the international exchange and cooperation,we need to study the legislation mode in different countries.At present,patent law of our country is in the fourth revision process.Some scholars also put forward the idea of changing the existing legislative model and promoting the protection of invention and creation.At the same time,because of the rapid development of science and technology,our national development mode has gone through more than 30 years.Whether the former mode is still suitable for the current situation remains to be studied.The paper compares and analyzes the typical legislative models of foreign countries,finds out the characteristics of each country,analyzes and examines the legislative mode of invention and creation protection in China,and finally puts forward corresponding suggestions for the problems brought by the legislative model of invention and creation in China.The article is divided into the following six parts: the first part is the introduction,which is the premise of writing the paper,introduces the background of the topic,the significance of the paper and the main content of this paper.The second part is an overview of the legislative model of the protection of invention and creation.The third part is the investigation of the legislative model of the protection of invention and creation in foreign countries.It mainly introduces Germany,Japan,the United States,the United Kingdom,Brazil and India.The fourth part is the investigation of the legislative model of our country.The fifth part is the suggestion of legislation mode of invention and creation protection in China.The sixth part summarizes the whole paper.In the process of writing this paper,by studying and analyzing the foreign legislative model,combining with the related academic achievements and papers of the predecessors,the author puts forward practical and effective suggestions for the legislative model of protecting invention and creation in China,and gradually promotes the implementation of new-type and design independent legislation in combination with the far-reaching goal of invention and creation protection.