미중 1단계 무역합의 후중국 특허법 제4차 개정에 관한 연구

Abstract

On October 17, 2020, the Standing Commite of the National People's Congres ofChina pased the 4th amendment to the Chinese Patent Law. China's patent law can besaid to be the most important intelectual property law in relation to the protection ofmajor commercial properties, excluding trademarks, such as patents, utilty models, anddesigns. This amendment is the 4th amendment to the Chinese Patent Law and cameinto efect on June 1, 2021. It can be sen that this revised patent law is often interpretedas the result of the first phase of the trade agrement concluded as a solution to theUS-China trade dispute. Although the contents of the amendment include the partsrequested by China in the first phase of the agrement, the fourth amendment hasalready ben discused since 2012, and the draft amendment was completed in 2018, andthere have ben thre deliberation during that time. The amendments generaly includecontent to strengthen protection of patent holders' rights, faciltate patent implementationand aplication so that patented inventions can be used more smothly, and improveintelectual property registration system to make it easier to protect rights holders. Inother words, strengthening the protection of the Chinese patent law was in progres evenbefore the trade dispute betwen the US and China. This can be sen as a reflection of China's strategy to no longer remain as the world's factory based on cheap labor, butto obtain a new driving force for economic growth through technological developmentand inovation. Another reason for China's strengthening of intelectual property protection is thatChina has already developed countries with inovative companies that have cuting-edgetechnologies in key areas of the 4th industry, such as electric vehicles, electric bateries,digital platforms, FinTech, artifcial inteligence, and nanotechnology. competing withcompanies of Even in China, 43% of unicorn companies with corporate values ​of morethan $1 bilion are concentrated in Beijng. As a result, Beijng Autonomous Region hasvoluntarily anounced plans to protect intelectual property rights stronger than thecurent law. In particular, facing the fact that excesively low compensation for damagescaused by infringement of intelectual property rights, long dispute resolution periods,heavy burden of prof against the plaintif, and excesive litgation and enforcementcosts, etc., are obstacles in the actual execution and protection of rights. It was animprovement content that contained the wil of the Beijng Autonomous Regionauthorites to come up with measures to solve problems and improve the system. It canbe said that these changes sought by China itself were acelerated by the first phase ofthe US-China trade dispute agrement. China's patent law protects patents, utilty models, and designs, which are majorindustrial properties among intelectual property. This paper examines the contents of themost recently revised Chinese patent law, analyzes how the protection of patents, utiltymodels, and designs has ben strengthened.