International Journal of Business and Social Science

ISSN 2219-1933 (Print), 2219-6021 (Online) DOI: 10.30845/ijbss

 

Perception of the Objectives of Intellectual Property Legal System, the Essence of a Patent and the Missions of Patent Institution——in Aspect of Low Rate of Patented Technology Commercialization in China
Ma Zhongfa

Abstract
In China, the low rate of technology commercialization has been an indisputable fact for a long time, and up to now, no effective way to solve such a problem has been found. There are many reasons and one of them is that the accurate implication of the objectives of Intellectual property legal system, which are merely regarded as “protection for holders’ interests”, may have not been recognized, and the patent’s nature which is a kind of private property right serving for commercial activities and the missions of the patent institution (to promote the commercialization of the patented technologies) have been distorted. Therefore, it is of great significance to scientifically and precisely understand and grasp the objectives of establishing the intellectual property legal system, the patent’s essence and the missions of patent institution, and on the basis of these knowledge, China shall consummate the intellectual property legal system to respect the market-oriented rules and their power of decision-making for applying patents, and adjust the patent funding policies to prevent the blindly advocation of patent applications, and create good environments for improving patents quality and enhancing technology commercialization rate.

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