Abstract
After 14 years’ negotiation, China was enrolled in the World Trade Organization (WTO) in December 11, 2001. The enrolment has brought to us multiple impacts in society, economy, technology, culture and intellectual property as well. “IP law is more in demand now than it has ever been. Businesses are increasingly aware of the importance of intellectual property to their survival, and as a consequence increased pressure has been brought to bear on IP law to provide adequate protection for new and emerging technologies.” TRIPS made the basic principle of intellectual property protection. As a member of WTO, China should amend its relative rules and regulations in accordance with which is fixed in TRIPS.
This thesis aims to analyse Chinese patent system and compare it with typical western legal patent system in order to find the inadequacies of the current legislations.Following on from this, I will go on to explore the patent system of Chinese enterprises, which aims to find out the legal challenges of the current legislation in practise. Case studies are adopted in order to give a concrete picture of the existing problems.