Discuss Patent Barriers In Foreign Trade To Tong Ling In Favor Of U.S. Patent Case For Example

As "the first case of Sino-US trade of intellectual property rights, " Chinese private enterprise TongLing technology company and top 500 U.S. companies Leviton's "558 patent infringement case ", after 3 years of hard work, finally achieved a win in the end, It was not until 2010 October 5, United States International Trade Commission (ITC) is still carrying out patent infringement investigation on chinese five companies including TongLing technology company in the application by Leviton company, investigating whether the violation "of 558 Sun patent Patents and patent grandson ",in an attempt to use the method of " marathon " malicious lawsuit to drag Chinese enterprises to the endless Litigation abyss, Until they agree to give up the American market. It can be seen studying intellectual property strategy is very important in highly competitive world of today's intellectual property.This paper focused on the focal point of patent disputes and effective coverage of patent rights through legal analysis of TongLing technology company in favor of U.S. patent case, Countries have set up patents, on the one hand for the benefits and progress of its establishment, but on the other hand, the right people established patent barriers to impede fair competition and the progress of science in order to market share and business interests,This article is divided into three main parts. The first part introduces the case and the Court. We can come to get the fact that TongLing technology companies did not infringe the patent of Leviton through the case analysis and findings of fact.The second part of the analysis of the legal issues involved in this case. First, the author have analyzed the significance of the necessity and progress of right of patent, and then pointed out the negative effects of patents --- the production, development trends and manifestations of patent barriers, followed by demonstration its focus of the patent infringement case and Legal analysis, then writing the patent claims should pay attention to the problem, the final interpretation of the two sides of the litigation strategy.The third part of the thinking for further analysis of the case, the first analysis of the intention of suing Leviton, and then analyzing the legal reaon for Tong Ling technology in favor of Leviton, and finally constructivly summed up China's government,enterprises, trade associations, three aspects of how to Play their roles, how to coordinate the response to such cases.