Research About The Legal Issues On Administrative Protection Of Patent In China

After entering the World Trade Organization, the WTO rules and TRIPS requirement enhance us to do more for our protection on our intellectual property (IP). The Chinese government begin to realize the importance of the protection of IP. Speaking of the three main IPs, patent is the one who has the most administrative characteristic, and during the jurisdiction and administrative practice of the patent, lots of administrative legal relations are concerned. With the enhancement of the legal construction, the improvement of the public legal sense and the development of the economy, the patent cases become more and more comprehensive, and lots of problems are occurring and ready to be solved.Beginning with analysizing on the current administrative protection of patent based on the case of 'Disputes on the Glass Engraving Process Patent'. This essay emphasizes on the characteristic, principles, functions and administrative legal relation of the right of patent. This essay also reveals the legal problems in dealing with the patent administrative litigation and patent infringement disputes cases, such as: low efficiency, conflicts between jurisdiction right and administrative right and even contradictions exist among different jurisdiction rights. and how to solve the problem dealing with the solution of patent administrative dispute and patent infringement dispute. Some methods have been sorted out for solving the legal problems occurred during the administrative protection of the right of patent.