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Research On The Protection Of Russian Administrative Law On Patent Rights

Posted on:2021-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:G F LvFull Text:PDF
GTID:2436330602497792Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the advent of the information age the technology industry is becoming increasingly prosperous,and patent protection is becoming more and more important.Especially in the field of patent rights,the demand for legal protection has increased and the requirements have gradually increased.Russia submitted an application to join the World Trade Organization(WTO)in June 1993 and was accepted as a full member of the World Trade Organization in July 2012.During these nineteen years in order to comply with the standards and requirements of the World Trade Organization Russia has made significant changes to intellectual property related legislation,especially the relationship between technological innovation econo;mic development patent rights and administrative law protection.Deeper thinking.Russia is China's friendly neighbor.The two countries share common interests and development pursuits.The protection of the administrative law of patent rights is not unique to China.Russia also exists.As a traditional civil law country Russia has a long history of patent protection.It has explored a set of administrative systems for the protection of administrative rights of patents that are suitable for its national conditions.The "one-form" administrative management agency comprehensively manages intellectual property rights.The system for patent registration and implementation is relatively complete.The regulatory system is sound.The enforcement effect is remarkable.The administrative law relief system is unique.This article selects the protection system of the Russian Patent Administrative Law as the research object.The problems that are devoted to research and solution are: the content of the Russian System Patent Administrative Law Protection System and its value to China.The first chapter briefly introduces the emergence and related basic theories of the protection system of patent rights and patent administrative law in Russia,including the emergence and evolution of the patent system the concept and characteristics of the protection of patent administrative law and the administration of patent rights.The necessity and appropriateness of legal protection were clarified.The second chapter makes an in-depth examination of the administrative registration and implementation of the patent right system in Russia.It is introduced and summarized in accordance with the general steps of determining the administrative power of patents.Based on this,it points out that the temporary registration system in the protection of the administrative law of patent rights in China does not Reasonable and lack of effective patent licensing system.The third chapter studies the related system of Russian patent administrative supervision,introduces its patent administrative supervision system and the results of administrative supervision of Russian patent in recent years,and pays special attention to some problems in its patent administrative liability system.The fourth chapter focuses on the relief system of the Russian Patent Administrative Law and discusses in detail the Russian pre-trial(administrative)procedure of patent rights and the administrative judicial relief system after patent infringement.Conclusion Based on the analysis of the related systems of the protection of Russian patent administrative law the focus is turned back to the improvement of the protection system of China's patent administrative law.Based on the requirements of international rules such as WTO rules and the TRIPS agreement,China's administrative law protection of patent rights It is continuously deepened and developed and the relevant legislative documents are gradually improved.However,there are still some problems in practice that need to be discussed and solved in theory.The author analyzes this problem from four aspects and believes that it is necessary to promote the implementation of the patent of course license system.Establish a unified administrative department for intellectual property rights to enhance the service functions of the administrative department for patent rights.At the same time it should strengthen the coordination mechanism,strengthen law enforcement,ensure the implementation of the administrative protection system for patent rights,and reform China's intellectual property courts.Bring into play the role of the protection system of the administrative law of patent rights.
Keywords/Search Tags:Russia, patent rights, administrative law protection
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