중국의 근대 특허제도에 관한 소고

Abstract

The Chinese modern patent system was introduced with the invasion of the West after the Opium War. In 1880s, China became the driving force for creating the modern patent system as the process that traditional economy was converted into modern economy. However, the Chinese modern patent system was created in the only areas that commodity economy comparatively developed. And traditional economy mostly emerged as the leader. An internal force for creating the patent system was insufficient because of these characteristics of social economy. The government of the Qing Dynasty enacted 'the Articles of Association for the Crafts Promotion Citation' on July 12, 1898 as the need for encouraging and protecting inventions was heralded for national prosperity and military power. However, it was not successful. It's because the internal force for creating the modern patent system was insufficient by the characteristics of social economy. And the products with patent rights were mostly introduced to China from other countries. Since the Xinhai revolution, the modern patent system started new development in a form of encouragement and regulations from the northern government period. By 1949, many modern patent systems were introduced until the Nanjing government was established. This study tries to examine the Qing Dynasty's background and situation for protecting its patent system and its characteristics about the process of development of the Chinese modern patent system from 1880 to 1949 based on the relevant historical data of legislation and analyze the historical backdrop of enacting the patent system in the northern government period, its legislation situation, and the status to implement it, the historical backdrop of the patent system enacted by the initial Nanjing government, its legislation situation, and the patent incentive system, the patent system of the independent government period, and the effects of the modern patent system.