The Research Of Patents Autonomy

Autonomy, speaking from the surface is self-rule, self-control, self-management,self-dominated, from a national level to achieve the public interest to pursue and maintain.For the country, is to choose the national patent policy is reflected on the rules of internationaltrade. So patents related to the selection and the national interest. Selection and benefits isrelative, not be selected according to any interest. This relates to the autonomy of the patentissues, especially in front of an international treaty TRIPs agreement.Patents come from patent autonomy characteristics and essence. Patent right, is anexclusive right to an invention that granted by the law. Statutory, regional of the patent rightmake the legitimacy and autonomy issues of the patent right outstanding. Patent system thatformulated by the state from their own interests, makes the interests of the state securityjustified and the patent system maximized, only this kind of patent system is justified. Fromthe perspective of interests, the interests of the country is a combination of private interest andpublic welfare, Only the private interest and public interest is balanced, the country’s interestscan be maximized. From the point of view, the nature of the patent right belongs to the patentholder, it is a public rights. Safeguarding private rights and public rights of the patent rightand keeping the balance of the relationship between the two is the key point of the rights andinterests of countries.While patents should be distinguished from the right to property. As patent relates to thecountry’s innovation. Innovation brings economic development, so patents are arteries of thenational economy. From perspective of TRIPs agreement, patent is also a manifestation ofnational status in international trade. Franchise privacy leads to monopoly of patents, patentmonopolies then lead to lag of innovation. According to the nation’s conditions, patent privacyhas to be restricted. It’s favorable for the developed countries to improve the protection ofpatent rights, this is the reason why the United States has worked so hard and the developingcountries reject to the TRIPs agreement. Later India, Brazil and other countries have done alot of work in limiting patent protection. Different circumstances, different requirements forthe protection of patent rights, which we can tell from the TRIPs agreement. The patentsystem preference shows a national policy trend, which is driven by national interests. From a different perspective, the nation’s choice is a manifestation of patent autonomy. Patentautonomy comes from the characteristics and nature of the franchise itself, which also derivesfrom the legitimacy of the patent.Patent autonomy come from the legitimacy of the patent.。Different countries anddifferent historical periods even different levels of development for the autonomy of thepatent is different. Only in line with the legitimacy of the patent autonomy presence, theautonomy of paten is based on the existence of independent patent.therefore, the autonomy ofpaten is necessary. But on the other hand, the TRIPs agreement is the spokesman for thedeveloped countries to some extent, and there is no denying that the TRIPs agreement is theproduct of a compromise between national interests. The result is more elastic space ofdeveloping countries under the TRIPs agreement that because members can’t completely donot comply with the minimum standards for the TRIPs agreement. So the autonomy of patenis very important. from what mentioned above, the autonomy of paten is balance keeper in thepatent system, developing countries should achieve the autonomy of paten accordance withnational conditions.and then achieve the goals of the patent system, balance private rightsand public rights and last balance private and public interests. China as a developing countryin the process also has a lot of changes.To achieve autonomy under patent flexible space TRIPs agreement. Realization ofnational interests patents related to autonomy, is the game of national interest, so within thescope of an international treaty TRIPs agreement to implement the autonomy of the patent isan arduous task. Developing countries is the result of their own power alone is not enough,the Doha Declaration is to strive together with many other countries. But as the TRIPsagreement in a TRIPs agreement does not exist free from patent to achieve autonomy. OrTRIPs agreement should be based on development, the terms of the TRIPs flexibility isachieved autonomous space.