On The Patent Law Perspective To Do The Research On "Shanzhai" Phenomena

In the continuous development of science and technology today, the fiercecompetition in the new and high science and technology, in legal field to permeate,outstanding performances of intellectual property law for adjustment and protection.As the saying goes "science and technology is the first productive forces", not onlythe number of natural resources and financial capital to the amount of in a certainextent reflect a country’s economic strength, but, more important is the country ofthe index for the protection of intellectual property rights and the extent of theapplication.This paper just based on the background on the further study."Shanzhai"phenomenon is in recent years as China’s productivity development and progress,and produce a violation of new forms of patent right. In recent years, althoughChina’s intellectual property law, implement, and the protection of the relevant workin which have made some achievements, but overall, the situation is not optimistic,some new infringement behavior and didn’t get effectively, and that supporting therelevant laws and regulations and organizational system still has many shortcomings.A patent is protecting intellectual property rights, maintain the lawful rights andinterests of the enterprise existence and hit the most powerful weapons tort law. Onlyto strengthen the understanding of the patent protection, can make the enterprise thecompetitive advantage effectively protected. Respect and protect intellectualproperty rights, punish severely infringing act, it is an important task of our legalconstruction, but also develop the intellectual property rights awareness people eagerrequirements, the intellectual property rights education in more,at the same time, themore need to create and maintain knowledge property rights environment and space.To effectively implement the national intellectual property strategy, also need to thejoint efforts of the whole society. The full implementation of the national intellectualproperty strategy work, is still a long way to go. At present, the academic circle "Shanzhai" problems and the identification ofnature of and not form a unified view, and lead to the relevant law system in theprotection of patents has certain disadvantages, such situation very detrimental to ourcountry socialist legal system is established, go against the market competitionorderly development, not to standardize, will give the related industries bringnegative impact.Aiming at this kind of problem, this article from the "Shanzhai" accurateconnotation of, in the thorough research "Shanzhai" the nature of the problem, basedon the analysis of the relevant laws and regulations patent infringement of thestandard that, through the study of the patent protection way, the theory deeplyunderstanding, to perfect our country related legal protection for advice.In this paper the main innovation reflected in two aspects:On the one hand, manifests in the research method, most scholars prefer fromcomparison analysis, historical analysis, comparison analysis and I in addition,historical analysis, but also to law and economics of the aspects such as from a deepresearch, this paper analyzes the classification of the "Shanzhai" behavior and nature,discusses "Shanzhai" products and enterprise economic benefit relations, to draw outhow to strengthen the protection of patent right, and then find a suitable for China’snational conditions, and help to promote the enterprise economic benefit, improveour position in the world economy, and enhance the international competitiveness inan effective way.On the other hand，reflected in the "Shanzhai" the definition of behavior nature.Through the in-depth research and analysis, the author of the " Shanzhai" don’t denythat the infringement product properties, but I think you can’t just put the "Shanzhai"products with fake, plagiarism, the phenomenon such as copying confuse theold-fashioned way to deal with such in question, but should be dialectical view ofthis phenomenon. In reality there is the shoddy, fake "Shanzhai" products, but, thereis no denying that some "Shanzhai" product’s innovation in there, so how to bymeans of the law, from the Angle of view of the patent law how to its to standardizeand stop the infringement, encourage innovation, and to strengthen the protection of patent right, this is what I want to study the problem.