Protection On The Rights Of Patent Under CEPA

After H.K.'s return to China, Economic, Polity and the law of democracy are steady and developmental, especially at the beginning of return, all the word focus on H.K. society, at the same time, it also influence each one Chinese man's heart. In 1997, the crisis of Economic started in Thailand, quickly Asia also plunged into this crisis. As the financial centre of Asian, H.K. had to take a risk, under the strong support of Chinese government, H.K. insist in the end, but also got not little lose. After the crisis, although the situation is not the worst, many companies closed down. Until 21 century, this situation continued. In 2003, SAS broke out, H.K. main domain--finance and serve got the huge hit. For these problems, Chinese government intend to keep H.K. economy boom, after the long discussion, both sides sign the arrangement "the Closer Economic Partnership Arrangement" , for short( CEPA), and this arrangement started actualize on 01 Jan.2004. According to CEPA, mainland open all the market for H.K. after 01Jan.2006, in this case, two regions' trading would be closer , but on the other side , the dissension also become more and more. After all, the system of law and the solution exist big difference. This article discusses: how to resolve the main problems on patent protect under CEPA.This paper is divided into four parts, the first chapter main introduce the basic theory of CEPA, firstly introduce the background of the course of CEPA then contends that its born is the result of the mutual need of the mainland and H.K., secondly probe the content and characteristic of CEPA, just as why it is called CEPA and what dose the CEPA include, last analyze the legal basis of the produce of CEPA from international and national law.In the second chapter, I introduce the rights of patent under CEPA. In this chapter I enumerate details which will bring out patent under CEPA, what's more I explain every provisions brought above. Then the paper give explanations on the supplementary of CEPA which will bring out quarrel as before.In the third chapter, the paper analyzes the conflicts between mainland and H.K., this chapter is divided into three parts and includes: compare the protection area, protection means and compensational ways between mainland and H.K., then discuss according to the legal provisions in mainland, the legal provisions in H.K., then compare their difference.The fourth chapter discusses how to protect the rights of patent under CEPA, it means how to deal with the dissensions under CEPA, this chapter introduce some means on protecting patents in other regional agreements at first, based on that this paper give some suggestions on how to protect the rights under CEPA.