The Primary Analysis Of The Influence Of International Protection Of Patent Rights On The Social Welfare

Nowadays, people give more concern to the Social Welfare than before. The Social Welfare that we concern is not limited to within a country, but a global concept, that is the Global Social Welfare. The establishing of the rational system is aimed at the allocation of social resources effectively and the improving social welfare.As a system International, the international protection of the patent should target to the improving social welfare within a country and within a country and global regardless of how to develop. That considering the improving social welfare as the standard of the international protection of the patent is reasonable, so that we could improve the protection of the patent, stimulate innovation and economic achieve the economic growth objective, and improve social welfare. The definition of social welfare can be divided into two levels of generalized and narrow sense. And what we are concerning is the meaning of generalized sense, including the policy and social services that can improve the living standard of people. In the light of the above considerations, the article use the methods Synthetically which are always used in legal researching, they are the historical analysis, the value analysis and the empirical analysis, and so on. The article is divided into three parts:Chapter one provides a brief introduction of an analytic approach of the social welfare, and the international protection of the patent which benefits the social welfare is to be. Firstly, the aim of the brief introduction of the analytic approach of the Social Welfare is to provide an analytic approach to assess the international protection of the patent; Secondly, using the related basic theory of Social Welfare to analysis the international protection of the patent which benefits the social welfare is to be. Which comment the problem from three respects, they are justice, righteousness, the right of individual; Thirdly, we recommend the relationship of the individual welfare and the Social Welfare taking into account the guiding role of the individual welfare. The parts proves that, utilize the changing of the individual welfare to assess the effect of international protection of the patent to the patent utility. The aiming of the part is to provide an analytic approach of the Social Welfare that can be use to assess the international protection of the patent.Chapter two applies the analytic approach of the Social Welfare to assess the reality of the international protection of patent in a global context. Firstly, we discuss the influence of the patent legal system to the social welfare. The part proves that, the legal motives and basic concept, and the main conventions; Secondly, assess the influence of the international protection of the patent to the social welfare during the dynamic operation process. This part makes a concrete analysis of concrete problems about the main content of the system. The conclusion is the international protection of the patent is changing all the time, with the influence to the social welfare is changing. Whatever the change is, the seeking for improving the social welfare is not; Last part is the analysis of the practical operation of the international protection of the patent from the perspective of the encouragement of innovation and the economic growth. The conclusion of the part is that the international protection of the patent is corresponded fundamentally with the improving of the social welfare.Chapter three analyses the influence of the influence of the patent to the developing country owing to the condition of our country. Firstly, analyses the current situation of the influence. On the one hand we acknowledge the positive influence, on the other hand discover the shortage and alter the disadvantageous; Secondly, we explored the reason about it. The fundamental standpoint is the pursuing to the benefit of developed country, the economic backward level and the defect of the legal regime; At last, established in the above, we put forward some counter plan on the question. First of all, the developing country should cooperation so that contend against developed country. Second, we propose two points of enlightenments.Primary restrict the scope of the patent awards, establish complete system of the exception, making the criterion of compulsive licenses. Then we should perfect the encouragement of patent application so that stimulate the creativity of the total society and pursue benefit maximization.