Abstract
In this paper, I systematically analyze the new Japanese Patent Law and make a comparative study on Chinese and Japanese Patent Law to shed a new light on the improvement of the legal system of intellectual property in China. To begin with, I review the historical development of Japanese Patent Law and the modern patent legal system in Japan. Next, the aim and contents of the latest revision of Japanese Patent Law are described. I also pay close attention to the issues remaining unresolved. Regarding the problems faced by Chinese Patent Law, I identify the lessons that China could learn from Japanese New Patent Law. Finally, I suggest that there are still some unresolved issues in Chinese Patent Law even after learning from the new Japanese Patent Law.
Highlights
Globalization has proceeded at an unprecedented pace in the late twentieth and twenty-first centuries
I systematically analyze the new Japanese Patent Law and make a comparative study on Chinese and Japanese Patent Law to shed a new light on the improvement of the legal system of intellectual property in China
Regarding the problems faced by Chinese Patent Law, I identify the lessons that China could learn from Japanese New Patent Law
Summary
Globalization has proceeded at an unprecedented pace in the late twentieth and twenty-first centuries. The patent law in the intellectual property right (IPR) system is closely related to domestic industrial development and external economic competitiveness. The legal system of intellectual property in China has fallen behind the industrialization with continuous high-speed growth. Japan is known to have greatly benefited from intellectual property generated in other developed countries. It would be beneficial for China to have a clear understanding of Japanese Patent Law in order to improve its legal system of intellectual property with respects of the rapid economic growth between China and Japan. The aim and contents of the latest revision of Japanese Patent Law is described In this description, I pay close attention to the issues remaining unresolved. I suggest that there are still some unresolved issues in Chinese Patent Law even after learning from the new Japanese Patent Law
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